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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Vijay Laxmi Bussi - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 301 of 2021
Decided On : 03-02-2021




A court can quash an FIR when parties settle their disputes amicably, rendering further prosecution unnecessary.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought direction to quash FIR No. 274/2013 registered at PS - Bindapur due to amicable settlement between parties - Respondent No. 2 does not wish to prosecute the matter further, as identified in court - Petitioners and respondent entered into a Memorandum of Understanding dated 18.01.2021 to settle disputes amicably. (Paras 3, 6, 8, 10)

(B) Quashing of FIR - The court can quash FIR if the parties have settled their disputes and no useful purpose would be served in further prosecution of the accused. (Paras 10, 11)

Facts of the case:
Petitioners, family members of an individual involved in the FIR, sought to quash the FIR claiming all disputes have been amicably settled with the respondent, who confirmed no objection to the petition being allowed.

Findings of Court:
The court found no utility in further prosecuting the petitioners based on the amicable settlement reached between the parties.

Issues: The primary issue was whether the FIR could be quashed due to an amicable settlement.

Ratio Decidendi: The court concluded that it was appropriate to quash the FIR, given there was no further intention to pursue prosecution by the respondent after an amicable resolution was reached.

Result: FIR No. 274/2013 quashed and the petition allowed.

Table of Content
1. settlement of disputes leads to quashing of fir. (Para 3 , 6 , 7 , 8 , 9)
2. no useful purpose in further prosecution. (Para 10)
3. quashing of fir ordered. (Para 11)
4. final disposal of the petition. (Para 12 , 13)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 1547/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.301/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 274/2013, registered at PS - Bindapur, Delhi and all other proceedings arising therefrom.

4. Notice issued.

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

6. 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.

7. Bharat Bussi (son of petitioner no.1 and brother of petitioner Nos.2 and 3) and respondent no.2 got married on 22.01.2006 as per Hindu rites and rituals. Due to extreme incompatibilities, respondent no.2 and her husband started living separately from petitioners since 24.08.2012.

8. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide a Memorandum of Understanding dated 18.01.2021 and settled all their disputes amicably.

9. Respondent No. 2 is personally present in Court and she has been identified by SI Kunal/IO 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. 274/2013, registered at PS - Bindapur, Delhi and consequent proceedings emanating therefrom are quashed.

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

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

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