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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Imran - Appellant
Versus
State - Respondent
Crl.M.C. 142 of 2021
Decided On : 18-02-2021




Court may quash FIR when parties amicably settle disputes and prosecution serves no useful purpose.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash FIR No.360/2019 due to amicable settlement between the parties - It was found that no useful purpose would be served by prosecution. (Paras 3-10)

(B) Settlement of disputes - The court recognizes that settled disputes between parties, when unopposed, warrant discretion to quash FIR and proceedings arising therefrom. (Paras 6-9)

Facts of the case:
Petitioners filed a petition to quash an FIR based on a settlement deed they entered into with respondent No. 2, who confirmed the resolution of disputes in court. Respondent No. 2 expressed no desire to continue prosecution.

Findings of Court:
The court determined that the prosecution would serve no useful purpose due to the amicable settlement between the parties.

Issues: The primary issue was whether the FIR could be quashed on the basis of an amicable settlement between the parties.

Ratio Decidendi: The court held that FIR should be quashed when parties settle their disputes amicably and the respondent withdraws from prosecution. The decision emphasized the importance of judicial discretion in such matters.

Result: Petition allowed; FIR quashed.

Table of Content
1. application allowed subject to exceptions. (Para 1 , 2)
2. petition to quash fir sought. (Para 3)
3. notice issued and accepted for final disposal. (Para 4 , 5)
4. dispute settled, no objection to quashing. (Para 6 , 7 , 8)
5. fir quashed as no prosecution purpose remains. (Para 9 , 10)
6. petition allowed and disposed of. (Para 11)

JUDGMENT (ORAL)

CRL. M.A. 719/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 142/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.360/2019 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 05.02.2020.

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.360/2019 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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