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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Jahid - Appellant
Versus
State (Govt. NCT of Delhi) - Respondent
Crl.M.C. 318 of 2021 & Crl.M.A. 1619 of 2021
Decided On : 03-02-2021




A court may quash an FIR if the dispute between parties has been amicably resolved, rendering further proceedings unnecessary.

Headnote:(A) Indian Penal Code, Sections 323, 341, 427, 435, 308, 506, 34 - Quashing of FIR - Petition seeking to quash FIR No. 160/2013 filed on grounds of settlement between parties per Compromise Deed dated 17.10.2020. (Paras 1, 6)

(B) Dispute Resolution - Court found that continuing the proceedings would serve no useful purpose when the dispute has been amicably resolved. (Paras 7, 8)

Facts of the case:
The FIR was filed under multiple sections of the IPC. The parties involved have resolved their dispute through a Compromise Deed.

Findings of Court:
The court quashed the FIR due to amicable resolution between parties.

Issues: Whether the FIR can be quashed given the settlement.

Ratio Decidendi: The court held that when a dispute has been resolved amicably, there is no utility in continuing FIR proceedings.

Result: Petition allowed.

Table of Content
1. fir quashing due to settlement (Para 1 , 5 , 6)
2. court's decision influenced by amicable settlement (Para 3 , 4 , 7)
3. fir quashed based on agreed resolution (Para 8)
4. final order on petition (Para 9 , 10 , 11)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide this petition, quashing of FIR No. 160/2013, under Sections 323/341/427/435/308/506/34 IPC, registered at police station Pandav Nagar, Delhi is sought by petitioners.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits respondents No.2,3 and 5 to 7 are present through video conference and they have been identified by the Investigating Officer of this case, who is also present through video conferencing. Learned Additional Public Prosecutor for State further submits that respondent No.4-Neeraj is not present as he is in judicial custody is some other case registered at police station Pandav Nagar, Delhi.

4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.

5. The present petition has been filed on the ground that with the intervention of common friends and well wishers, the dispute between the parties has been resolved in terms of Compromise Deed dated 17.10.2020.

6. Respondents No. 2, 3 and 5 to 7 are present through video conferencing and have affirmed the factum of settlement with petitioners in terms of Compromise Deed dated 17.10.2020 and they submit that they do not wish to prosecute the matter any further. This petition is accompanied by affidavits of respondents No. 2,3 and 5 to 7 as well as respondent No.4-Neeraj (attested by Jail Superintendent).

7. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

8. For the reasons afore-noted, FIR No. 160/2013, under Sections 323/341/427/435/308/506/34 IPC, registered at police station Pandav Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

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

10. Pending application also stands disposed of.

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

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