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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Prince Chauhan - Appellant
Versus
State - Respondent
Crl.M.C. 235 of 2021
Decided On : 28-01-2021




An FIR may be quashed if the parties reach an amicable settlement and the complainant expresses no intent to proceed with prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioner sought direction for quashing FIR No. 53/2020 due to settlement of disputes with the respondent, who expressed no objection to the petition being allowed - Amicable settlement reached on 29.02.2020 - Court found no useful purpose in further prosecution. (Paras 1, 4, 7, 8)

Facts of the case:
The petitioner seeks to quash an FIR stemming from a complaint, citing that the parties have amicably settled their disputes and the respondent supports the quashing of proceedings.

Findings of Court:
The Court, considering the settlement and the absence of any objection from the respondent, concluded that the FIR and subsequent proceedings would serve no useful purpose and were quashed.

Issues: The principal issue was whether an FIR can be quashed based on the settlement between the parties and the lack of prosecution intent from the complainant.

Ratio Decidendi: The court held that when parties have settled their disputes and the complainant does not wish to pursue the case, prosecution of the FIR is unnecessary and it can be quashed.

Result: FIR No. 53/2020 and ensuing proceedings are quashed.

Table of Content
1. parties settled disputes, seeking fir quash (Para 1 , 4 , 5 , 6)
2. no purpose in prosecution after settlement (Para 7)
3. court quashes fir based on settlement (Para 8)
4. petition allowed and disposed of (Para 9 , 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 53/2020 dated 01.02.2020, registered at PS-Shahbad Dairy, and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, the present petition is taken up for final disposal.

4. 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.

5. Respondent No.2 is personally present in Court through video conferencing with learned counsel and she has been identified by SI Rakesh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. Petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 29.02.2020.

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

8. For the reasons afore-recorded, FIR No. 53/2020 dated 01.02.2020, registered at PS-Shahbad Dairy and consequent proceedings emanating therefrom are quashed.

9. The petition is, accordingly, allowed and disposed of.

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

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