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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Amit Kumar - Appellant
Versus
State (NCT of Delhi) - Respondent
Crl.M.C. 539 of 2021
Decided On : 19-02-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
Facts of the case:
The petitioners filed a petition to quash FIR No.6/2021 registered at PS - Dwarka South on the grounds of settlement of disputes with respondents, who do not wish to continue with prosecution. (Paras 3-6)
Findings of Court:
The Court, upon recognizing the amicable settlement and the absence of any objection from the respondents, concluded that no valid purpose would be served in continuing the prosecution against the petitioners. (Paras 9-10)
Issues: The main issue addressed by the court was whether the FIR should be quashed based on the settlement of disputes between the parties. (Para 6)
Ratio Decidendi: The Court ruled that in cases of amicable settlements, where the victim does not wish to pursue prosecution, the FIR can be quashed if it serves the interests of justice. (Paras 9-10)
Result: Petition allowed and FIR quashed.
| Table of Content |
|---|
| 1. application is allowed and disposed of. (Para 1 , 2) |
| 2. parties have settled their disputes. (Para 3 , 6 , 7 , 8) |
| 3. court quashes fir due to lack of prosecution purpose. (Para 9 , 10) |
| 4. petition is allowed and concluded. (Para 11) |
JUDGMENT (ORAL)
CRL. M.A.2705/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 539/2021
3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.6/2021, registered at PS - Dwarka South, Delhi, and all other proceedings arising therefrom.
CRL.M.C.539/2021
4. Notice issued.
5. Notice is accepted by learned APP for State and by learned counsel for respondent nos.2 and 3 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 nos.2 and 3 have no objection if the present petition is allowed.
7. Respondent nos.2 and 3 are personally present in Court through video conferencing and they have been identified by SI Mukesh Kumar/IO and submit that matter has been settled and they do not wish to prosecute the matter any further.
8. Petitioners and respondent nos.2 and 3 entered into an amicable settlement vide Settlement Agreement dated 04.02.2021.
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.6/2021, registered at PS - Dwarka South, Delhi and consequent proceedings emanating therefrom are quashed.
11. The petition is, accordingly, allowed and disposed of.
