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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Yashpal Vats - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
Crl.M.C. 468 of 2021
Decided On : 16-02-2021




An FIR can be quashed when the parties have amicably settled their disputes and the continuation of prosecution serves no useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Quashing of FIR - FIR No.296/2017 registered at Police Station Bharat Nagar - Petitioners sought quashing due to amicable settlement between parties - Complaint withdrawn by respondent, who identified herself and expressed no desire to continue prosecution. (Paras 3, 8, 9, 10)

(B) Criminal law - When FIR can be quashed - If parties reach an amicable settlement and prosecution serves no useful purpose, courts may exercise discretion to quash FIR. (Paras 9)

Facts of the case:
Petitioners and respondent married on 15.04.2015, began living separately on 08.08.2016, and settled disputes amicably on 29.01.2020.

Findings of Court:
Court quashed the FIR as continuation of prosecution would serve no purpose.

Issues: Whether an FIR can be quashed based on amicable settlement between parties.

Ratio Decidendi: The court held that an FIR can be quashed when parties amicably settle their disputes, and it concludes that no useful purpose would be served by continuing prosecution.

Result: FIR quashed.

Table of Content
1. petitioners seek to quash fir. (Para 3)
2. settlement between the parties. (Para 6 , 7)
3. complainant does not wish to prosecute. (Para 8)
4. court's inclination to quash fir. (Para 9)
5. fir and proceedings quashed. (Para 10)
6. petition allowed and disposed. (Para 11 , 12)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

Crl. M.A. 2444/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.468/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.296/2017 dated 13.09.2017 registered at Police Station Bharat Nagar and consequent proceedings arising therefrom.

4. Notice issued.

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

6. Petitioner no.1 and respondent no.2 got married on 15.04.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 08.08.2016.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Family Courts, North-West, Rohini, Delhi vide settlement deed dated 29.01.2020 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person through video conferencing and has been identified by SI Arun/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

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.296/2017 dated 13.09.2017 registered at Police Station Bharat 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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