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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Nitesh - Appellant
Versus
State (Govt. NCT of Delhi) - Respondent
Crl.M.C. 317 of 2021
Decided On : 03-02-2021




Amicable settlements between parties can result in the quashing of FIRs when all parties express no desire to continue prosecution.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - The petitioners sought to quash FIR No.159/2013 on the basis of an amicable settlement between the parties, which was acknowledged in court. The court found that no useful purpose would be served by continuing prosecution after the settlement. (Paras 3, 9, 10)

(B) Settlement - Amicable settlement between parties can lead to quashing of FIR if the parties do not wish to prosecute further. (Para 8)

Facts of the case:
The petitioners sought to quash an FIR dated 27.03.2013, which was settled amicably as per a settlement deed executed by the parties on 17.10.2020. Respondents present in court confirmed the settlement and expressed no objection to the quashing of the FIR.

Findings of Court:
The court concluded that the FIR and related proceedings were quashed due to the settlement, thus serving no purpose in prosecution.

Issues: Whether the settlement between parties justifies the quashing of the FIR and consequential proceedings?

Ratio Decidendi: The court ruled that since the parties had settled their disputes amicably, continuing prosecution was unnecessary and the FIR was quashed as it served no useful purpose.

Result: Petition allowed and FIR quashed.

Table of Content
1. quashing of fir upon settlement of disputes (Para 3 , 6 , 7 , 8)
2. court's inclination to quash fir based on settled matters (Para 9)
3. ratio for quashing the fir stated (Para 10)
4. final decision to allow and dispose of the petition (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 1618/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.317/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.159/2013 dated 27.03.2013, registered at PS - Pandav Nagar, and all other 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, 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 Nos. 2 to 7 have no objection if the present petition is allowed.

7. Respondent Nos.2 to 7 are personally present in Court through video conferencing with their counsel and they have been identified by SI Neeraj/IO and submits that matter has been settled and they do not wish to prosecute the matter any further.

8. Petitioners and respondent nos.2 to 7 have entered into an amicable settlement vide settlement deed dated 17.10.2020.

9. 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.

10. For the reasons afore-recorded, FIR No.159/2013 dated 27.03.2013, registered at PS - Pandav Nagar, and consequent proceedings emanating therefrom are quashed.

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

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

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