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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Sabhya Dutta - Appellant
Versus
State - Respondent
Crl.M.C. 183 of 2021
Decided On : 21-01-2021




Amicable settlements between parties can justify quashing of FIRs when prosecution serves no useful purpose and the aggrieved party does not wish to continue.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioner sought to quash FIR No.182/2018, as parties have settled their disputes - Respondent No.2 present in Court confirmed the settlement and expressed no objection to quashing - Opposed by State’s counsel who highlighted the driver's lack of a valid license and public time consumed - Petitioner agreed to contribute Rs.50,000/- for welfare purposes as part of the settlement - Court allowed the quashing of FIR, deeming no useful purpose served in further prosecution. (Paras 10-14)

Facts of the case:
The petitioner filed a petition for quashing an FIR wherein he was accused of causing an accident without a valid license. Respondent No.2 claimed to have settled the matter and did not wish to continue prosecution.

Findings of Court:
The Court, considering the amicable settlement, directed the petitioner to pay Rs.50,000/- in specified amounts to respondent and legal aid organizations, and allowed the quashing of the FIR.

Issues: The main issue discussed was the effect of a private settlement on the prosecution of a criminal case and the implications of quashing the FIR instead of proceeding with prosecution.

Ratio Decidendi: The court affirmed that private settlements between parties can lead to quashing of FIRs when no public interest is compromised and the aggrieved party expresses no further interest in prosecution.

Result: Petition allowed and FIR quashed.

Table of Content
1. final orders and directions from the court. (Para 1 , 2 , 15 , 16)
2. amicable settlement between parties. (Para 3 , 7 , 8 , 9)
3. court's decision to quash fir. (Para 4 , 5 , 6 , 13 , 14)
4. opposition from state on grounds of public interest. (Para 10 , 11)

JUDGMENT (Oral)

CRL. M.A.940/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.183/2021

3. Vide the present petition, petitioner seeks quashing of FIR No.182/2018, registered at Police Station Inder Puri, Delhi, and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent No.2 present in the Court through video conferencing.

6. With the consent of learned counsel for the parties, the present petition is taken up for final hearing.

7. The present petition is filed on the ground that parties have settled their disputes and respondent No.2 has no objection if the present petition is allowed.

8. Respondent No. 2 is personally present in Court and he has been identified by SI Parveen/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

9. Petitioner and respondent no.2 have entered into an amicable settlement.

10. Learned APP has opposed the present petition and submits that the petitioner was driving vehicle without having valid licence and caused accident as his car collided with that of complainant. Learned APP has further submitted that due to the registration of FIR, government machinery came in motion and a lot of precious public time has been consumed, therefore, if this Court is inclined to quash FIR, heavy cost may be imposed upon petitioner.

11. Learned counsel for petitioner, on instructions from petitioner, who are present in Court, has come forward and agreed to contribute an amount of Rs.50,000/- for welfare purposes. Accordingly, petitioner is directed to pay this amount in the following manner:

(a) to pay an amount of Rs.20,000/- in favour of respondent no.2 in addition to the amount already paid to him;

(b) to pay an amount of Rs.15,000/- in favour of Middle Income Group Legal Aid Society;

(c) to pay an amount of Rs.15,000/- in favour of Bharat Ke Veer;

12. Petitioner is directed to pay this amount within two weeks and receipt of the same shall be furnished to IO concerned.

13. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioner any further.

14. For the reasons afore noted, FIR No.182/2018, registered at Police Station Inder Puri, Delhi and consequent proceedings emanating therefrom are quashed.

15. The petition is accordingly allowed and disposed of.

16. The order be uploaded on the website of this Court forthwith.

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