A court may quash an FIR when parties have amicably settled their disputes, and prosecution serves no useful purpose.

Headnote:(A) Indian Penal Code - Sections applicable to assault and theft - Petition for quashing FIR based on amicable settlement - Respondent No. 2 expresses no desire to prosecute further, indicating a settled dispute. (Paras 6, 10, 12)

(B) Quashing of FIR - Court holds quashing justified where no useful purpose would be served in prosecution, especially with mutual agreement on settlement. (Paras 12, 13)

Facts of the case:
The petitioner, an employee in Railways, assaulted respondent No. 2 on 26.11.2018 and stole Rs.2,000/-. After settlement, the petitioner agreed to contribute Rs.50,000/- for welfare.

Findings of Court:
Due to mutual settlement and absence of further prosecution interest, FIR is quashed.

Issues: Whether the FIR can be quashed under the circumstances of settlement.

Ratio Decidendi: The court decided that if the parties have settled and there is no further interest in prosecution, the FIR can be quashed to prevent unnecessary legal proceedings.

Result: FIR No.109/2018 quashed.

Table of Content
1. petition seeks to quash fir based on settlement. (Para 3 , 6)
2. opposition to petition is based on serious nature of assault; agreement to contribute for welfare. (Para 7 , 8 , 9)
3. court finds no purpose in further prosecution. (Para 12)
4. fir quashed based on settlement and circumstances. (Para 13)
5. petition allowed; order to be published. (Para 14 , 15 , 16)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A.1684/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.327/2021 & Crl.M.A. 1685/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.109/2018 dated 27.11.2018, registered at PS - Old Delhi (Delhi main) Railway Station, 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 No. 2 has no objection if the present petition is allowed.

7. Learned APP has opposed the present petition and submits that petitioner is serving as Head TT in Railways. On26.11.2018, he assaulted Respondent no.2 and thereafter forcibly took an amount of Rs.2,000/- from his pockets, therefore, if this Court is inclined to quash FIR, heavy cost may be imposed upon petitioner.

8. At this stage, learned counsel for petitioner, on instructions from petitioner, who is present in Court through video conferencing, has come forward and agreed to contribute an amount of Rs.50,000/- for welfare purposes.

9. Accordingly, petitioner is directed to pay Rs.25,000/- in favour of Delhi Police Martyrs Fund and remaining Rs.25,000/- in the account of `Bharat ke Veer' within one week and receipt of the same shall be furnished to IO concerned.

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

11. Petitioner and respondent no.2 have entered into an amicable settlement vide Memorandum of Understanding dated 29.12.2020.

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

13. For the reasons afore-recorded, FIR No.109/2018 dated 27.11.2018, registered at PS - Old Delhi (Delhi main) Railway Station, and consequent proceedings emanating therefrom are quashed.

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

15. Pending application also stands disposed of.

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

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