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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Prince Sharma - Appellant
Versus
State - Respondent
Crl.M.C. 249 of 2021
Decided On : 28-01-2021




Amicable settlements can lead to the quashing of FIRs when both parties agree not to pursue prosecution, emphasizing judicial economy and resolution of disputes.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR and proceedings - Petitioners sought to quash FIR No.165/2018 due to amicable settlement between parties - Respondent no. 2, present in person, confirms settlement and expresses disinterest in prosecution - Court emphasizes that continuing prosecution serves no useful purpose - FIR quashed. (Paras 3, 10, 11)

(B) Amicable Settlement - Court recognizes the validity of amicable settlements in resolving disputes, which can result in quashing of FIRs when both parties agree not to pursue the matter. (Para 10)

Facts of the case:
The petitioners and respondent were married on 20.04.2016 and separated due to incompatibilities. They entered an amicable settlement on 07.12.2018, resolving all disputes, including a total settlement amount of Rs.2,85,000. Respondent no.2 has received Rs.1,85,000 and a further Rs.1,00,000 was handed over at the hearing. (Paras 6, 8)

Findings of Court:
The court noted the acceptance of the settlement and the complainant's wish to not pursue the matter further due to the amicable settlement reached. (Paras 9, 10)

Issues: The issue before the court was whether the FIR and subsequent proceedings should be quashed given the amicable resolution between the parties. (Para 10)

Ratio Decidendi: The court concluded that when an amicable settlement is reached, especially with the complainant not wishing to prosecute, the FIR and proceedings can be quashed as they serve no useful purpose in the administration of justice. (Paras 10, 11)

Result: FIR No.165/2018 and its consequent proceedings are quashed and the petition is allowed.

Table of Content
1. quashing of fir based on settlement. (Para 3 , 5)
2. details of marriage and amicable settlement. (Para 6 , 7 , 8 , 9)
3. court's inclination based on facts. (Para 10)
4. fir quashed due to no prosecution necessity. (Para 11)
5. final order issued and case disposal. (Para 12 , 13)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 1281/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.249/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.165/2018 dated 27.04.2018 registered at Police Station Tilak Nagar, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

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

6. Petitioner no.1 and respondent no.2 got married on 20.04.2016 per Hindu rites and rituals. Due to extreme incompatibilities between petitioner no.1 and respondent no.2, they started living separately since 22.12.2017.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 07.12.2018 and settled all their disputes amicably.

8. The total settlement amount is Rs.2,85,000/- (Rupees Two Lakhs Eighty Five Thousand only). It is submitted that the respondent no. 2 has already received an amount of Rs.1,85,000/- (Rupees One Lakh Eighty Five Thousand only). A demand draft bearing No. 011492 dated 20.11.2020 for the balance amount of Rs.1,00,000/- (Rupees One Lakh) is given to respondent no. 2 today.

9. Complainant is present in person and has been identified by SI Anuj Mor of Police Station Tilak Nagar and submits that matter has been settled and she does not wish to prosecute the matter any further.

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

11. For the reasons afore-recorded, FIR No.165/2018 dated 27.04.2018 registered at Police Station Tilak Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

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

13. The judgment be uploaded on the website of this Court forthwith.

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