Sanjeev Srivastava vs State of NCT of Delhi at Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Sanjeev Srivastava - Appellant
Versus
State of NCT of Delhi at Delhi - Respondent
Crl.M.C. 446 of 2021
Decided On : 15-02-2021

Important Points

Quashing of FIR is permissible when parties have amicably settled their disputes and the complainant does not wish to proceed with prosecution.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure - Sections relating to quashing of FIR - Amicable settlement between parties - The petitioners sought to quash FIR No. 0208/2019 on grounds of a settlement with the complainant, who expressed no objection for quashing. The court took into account that proceeding further would serve no useful purpose. (Paras 3, 6, 9, 10)

(B) Judicial Discretion - The court has the discretion to quash FIRs in view of amicable settlements between parties in criminal cases where no further prosecution is warranted. (Paras 9, 10)

Facts of the case:
The present petition was filed for quashing an FIR arising out of a settled dispute between petitioners and the respondent who no longer wished to prosecute. The respondents confirmed the settlement in court and expressed no objection to the petition being granted.

Findings of Court:
The court accepted that no useful purpose would be served by continuing proceedings, leading to the quashing of the FIR.

Issues: The key issues addressed include the validity of the FIR in light of a settlement and the court's discretion to quash it.

Ratio Decidendi: The court reasoned that proceeding with the prosecution would serve no purpose since the parties settled their issues amicably and the complainant expressed her wish not to pursue the matter.

Result: FIR No. 0208/2019 is quashed and the petition allowed.

Table of Content
1. procedural aspects of hearing conducted via video conferencing. (Para 1 , 1 , 2 , 4 , 5)
2. settlement of disputes leads to fir quashing. (Para 3 , 6 , 7 , 8)
3. court quashes fir based on effective settlement. (Para 9)
4. quashing fir is justified to prevent futility. (Para 10)
5. final order allows the petition and disposes applications. (Para 11 , 12)

JUDGMENT (ORAL)

1. The hearing has been conducted through video conferencing.

Crl.M.A.2376/2021 (exemption)

2. Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.C.446/2021 & Crl.M.A.2375/2021 (stay)

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 0208/2019, registered at PS - Mayur Vihar Phase-I, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 present in Court 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. Respondent no.2 is personally present in Court and she has been identified by SI Vishvendra Singh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioners and respondent no.2 have entered into an amicable settlement vide Settlement Agreement dated 08.02.2021.

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. 0208/2019, registered at PS - Mayur Vihar Phase-I, Delhi and consequent proceedings emanating therefrom are quashed.

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

12. Pending application also stands disposed of.

13. The order be uploaded on the website forthwith.