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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Sudhish Kumar - Appellant
Versus
N.C.T. of Delhi - Respondent
Crl.M.C. 2532 of 2020
Decided On : 03-02-2021




An FIR can be quashed when parties have settled their disputes amicably and there is no intention to prosecute, reflecting the principle of serving justice without unnecessary legal proceedings.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - FIR quashed - Petitioners sought to quash FIR No. 337/2010 on grounds of amicable settlement between parties - Respondent did not wish to prosecute any further - Settlement was made before the Mediation Centre, addressing all disputes amicably. (Paras 2, 5, 6, 8)

Facts of the case:
Petitioners and respondent, married since 1999, were living separately since 2009 due to incompatibilities, leading to negotiations resulting in a settlement.

Findings of Court:
The court found no useful purpose in proceeding with the case due to the parties’ amicable resolution.

Issues: The court addressed whether the FIR should be quashed based on the settlement between the parties.

Ratio Decidendi: The court held that an FIR should be quashed when the parties have amicably resolved their disputes and there is no intention to prosecute - therefore, FIR quashing serves the interests of justice.

Result: Petition allowed; FIR quashed.

Table of Content
1. quashing fir based on dispute settlement. (Para 1 , 2)
2. details of marriage and amicable settlement. (Para 3 , 4 , 5 , 6)
3. court's reasoning for quashing fir. (Para 7 , 8)
4. conclusion and order of the court. (Para 9 , 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 337/2010, registered at PS - Bhajanpura, Delhi and all other proceedings arising therefrom.

2. 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.

3. Petitioner no.1 and respondent no.2 got married on 02.05.1999 as per Hindu rites and rituals. Due to extreme incompatibilities, petitioner No.1 and respondent no.2 started living separately since 09.07.2009.

4. Petitioners and respondent no.2 entered into an amicable settlement before the Mediation Centre, Karkardooma District Courts, New Delhi vide a Settlement dated 09.01.2019 and settled all their disputes amicably.

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

6. Petitioner No.1 has agreed to pay the balance amount of Rs.7.5 lacs as per the settlement to respondent No.2/complainant by tomorrow in the concerned police station in the presence of IO/SHO concerned.

7. 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.

8. For the reasons afore-recorded, FIR No. 337/2010, registered at PS - Bhajanpura, Delhi 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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