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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Dharmendr alias Dhamu - Appellant
Versus
State - Respondent
Crl.M.C. 141 of 2021
Decided On : 18-02-2021




Amicable settlement between parties can justify the quashing of an FIR when there is mutual consent and no objection from the affected party.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash FIR No.361/2019 on grounds of amicable settlement between parties - Respondent no. 2 in Court confirmed settlement and expressed no desire to prosecute further - Court found no useful purpose in continuing proceedings. (Paras 3, 6, 9, 10)

(B) Legal Principles - The principle of amicable settlement between parties can result in the quashing of FIR, particularly when there is no objection from the affected party. (Para 8)

Facts of the case:
The petition was filed seeking quashing of an FIR registered at PS - Kanjhawala, with the parties settling their disputes through a settlement deed. Respondent no. 2 confirmed he did not wish to prosecute further.

Findings of Court:
The Court quashed the FIR and related proceedings as continuing would serve no useful purpose.

Issues: Whether an amicable settlement between parties justifies quashing an FIR filed against the petitioners.

Ratio Decidendi: The court concluded that an amicable settlement can merit the quashing of proceedings when all parties consent and no objection is made by the victim.

Result: Petition allowed and FIR quashed.

Table of Content
1. outcome of the petition. (Para 1 , 2 , 11)
2. grounds for quashing fir based on settlement. (Para 3 , 6 , 8)
3. issuance and acceptance of notice. (Para 4 , 5)
4. court's inclination towards quashing based on settlement. (Para 7 , 9)
5. legal decision to quash fir and proceedings. (Para 10)

JUDGMENT (ORAL)

CRL. M.A. 718/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 141/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.361/2019 dated 14.09.2019, registered at PS - Kanjhawala, and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 in person 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 he has been identified by SI Raghu Kumar/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

8. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 25.12.2019.

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.361/2019 dated 14.09.2019, registered at PS - Kanjhawala, and consequent proceedings emanating therefrom are quashed.

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

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