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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Manohar Singh - Appellant
Versus
State - Respondent
Crl.M.C. 478 of 2021 & Crl.M.A. 2480-81 of 2021
Decided On : 16-02-2021




The court may quash an FIR when the parties reach an amicable settlement and the complainant does not object, indicating no useful purpose in prosecution.

Headnote:(A) Indian Penal Code, 1860 - Section 363 - Quashing of FIR - The petitioner seeks quashing of FIR No. 130/2012, registered under Section 363 IPC, on grounds of amicable resolution through a Settlement Agreement, with proof of marriage between the petitioner and prosecutrix - No objection from the complainant to quash FIR - The court quashes the FIR as no useful purpose would be served by further prosecution. (Paras 1, 9, 10)

(B) Legal principle - Settlement of disputes through mediation recognized - The court acknowledges that amicable resolutions can lead to the quashing of FIRs when there is no objection from the complainant. (Paras 3, 9)

Facts of the case:
The petitioner, grandfather of the prosecutrix, was accused in an FIR regarding kidnapping charges, which was resolved through marriage to the prosecutrix, and both parties expressed satisfaction with the resolution.

Findings of Court:
The court considered the marriage verification and the absence of objection from the complainant, supporting the decision to quash the FIR.

Issues: Whether the FIR should be quashed in light of the amicable settlement and current status of the parties.

Ratio Decidendi: The court held that prosecution is unnecessary when a settlement is reached and verified by all parties involved, leading to the conclusion that the FIR serves no useful purpose.

Result: FIR quashed.

Table of Content
1. introduction of the case and nature of fir. (Para 1 , 2)
2. resolution of fir through settlement and marriage. (Para 3 , 6 , 8)
3. court's analysis and willingness to quash fir. (Para 4 , 5 , 9)
4. court's decision to quash the fir. (Para 10)
5. conclusion and order of the court. (Para 11 , 12)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

1. Petitioner seeks quashing of FIR No. 130/2012, u/s 363 IPC, registered at police station Ambedkar Nagar, Delhi in this petition.

2. The FIR in question was registered at the instance of respondent No.2 against the petitioner, who is grandfather of the prosecutrix.

3. Learned counsel appearing on behalf of petitioner submits that the subject matter of this FIR stands amicably resolved in terms of Settlement Agreement dated 07.02.2013 reached through Delhi High Court Mediation and Conciliation Centre. It is submitted by learned counsel that marriage between petitioner and prosecutrix/Shalu, granddaughter of respondent No.2, was solemnized on 04.05.2012 and since then they are happily living together as husband and wife.

4. Notice issued.

5. Mr. Amit Chahda, learned Additional Public Prosecutor for State accepts notice and submits that complainant of the FIR is present through video conferencing and he has been identified by the Investigating Officer of this case, who is also present through video conferencing.

6. Learned Additional Public Prosecutor for State has drawn attention of this Court to the fact that another FIR No.16/2012 was also registered at police station Lodhi Colony, New Delhi against the petitioner at the instance of father of the prosecutrix and the said FIR and proceedings arising therefrom, have already been quashed by order dated 29.11.2013 of this Court. Learned Additional Public Prosecutor for State further submits that the factum of marriage between petitioner and prosecutrix stands verified.

7. Respondent No.2 present through video conferencing submits that Shalu (prosecutrix) is his granddaughter and she is happily living with petitioner.

8. Learned counsel for petitioner submits that the instant FIR was registered due to some misunderstanding, which was cleared long ago and since petitioner and proseuctrix are leading a happy married life, the FIR in question deserves to be quashed.

9. Taking into account the aforesaid facts and the fact that the petitioner and prosecutrix have already married on 04.05.2012 and respondent No.2/complainant has no objection to the quashing of the FIR, this Court is inclined to quash the present FIR as no useful purpose would be served in prosecuting petitioner any further.

10. For the reasons afore-recorded, FIR No. 130/2012, u/s 363 IPC, registered at police station Ambedkar Nagar, Delhi and all other proceedings arising therefrom are quashed.

11. The petition and pending applications are accordingly disposed of.

12. The order be uploaded on the website forthwith.

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