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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Rahul Kumar - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
Crl.M.C. 535 of 2021
Decided On : 19-02-2021




A settlement through mediation may serve as a valid basis for quashing an FIR, particularly when the complainant indicates no interest in prosecution.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petitioners sought quashing of FIR No.860/2015 after settling disputes through mediation, paying a sum of Rs.70,000/- to the complainant who confirms settlement and non-prosecution - No useful purpose in continuing prosecution - FIR and all proceedings quashed as per judicial discretion. (Paras 3, 6, 8, 9)

(B) Mediation - A settlement reached through mediation is a valid ground for quashing of FIR, especially when the complainant is no longer interested in proceeding with the case. (Paras 7, 8)

Facts of the case:
The petitioners filed a petition for quashing of the FIR alleging mutual settlement through mediation, where a financial arrangement was made by the petitioners to the complainant. Respondent No. 2 affirmed that the settlement was duly acted upon and expressed no wish to prosecute further.

Findings of Court:
The Court determined that in light of the settlement and the complainant's statement, it would not serve any useful purpose to continue the prosecution against the petitioners.

Issues: The core issue was whether the FIR should be quashed based on the settlement between the parties and the complainant's non-prosecution intention.

Ratio Decidendi: The court reasoned that, since the parties settled their disputes and the complainant does not wish to proceed further, quashing the FIR aligns with the interests of justice and efficiency. The Court emphasized the role of mediation in resolving conflicts.

Result: FIR No.860/2015 and all related proceedings were quashed.

Table of Content
1. parties settled disputes through mediation. (Para 3 , 6 , 7)
2. court finds no purpose in prosecution. (Para 8)
3. fir quashed based on settlement. (Para 9)
4. petition allowed and disposed of. (Para 10)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

Crl. M.A.2687/2021 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 535/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.860/2015, dated 19.06.2015 registered at PS - Binda Pur, District South West, New Delhi, New Delhi 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 in terms of order dated 21.08.2019 through Mediation Centre, Dwarka Courts, New Delhi and in terms thereof, the petitioners have today paid the balance sum of Rs.70,000/-to respondent No.2/ complainant by way of demand draft.

7. Respondent No. 2 is present through video conferencing and she has been identified as the complainant of FIR in question by SI Ram Niwas /IO. She affirms that the settlement dated 21.09.2019 has been fully acted upon and she does not wish to prosecute the matter any further.

8. 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.

9. For the reasons afore-recorded FIR No.860/2015, dated 19.06.2015 registered at PS - Binda Pur, District South West, New Delhi, New Delhi and consequent proceedings emanating therefrom are quashed.

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

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