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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Depinder Singh Ahuja (Lt. General ) - Appellant
Versus
State (NCT of Delhi) - Respondent
Crl.M.C. 545 of 2021
Decided On : 19-02-2021




Court can quash FIR when parties have reached an amicable settlement, as continuation serves no useful purpose.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - FIR quashing - The petitioners sought quashing of FIR based on an amicable settlement between parties as per a settlement deed dated 25.12.2019. The respondent did not wish to pursue the matter further. (Paras 3, 6, 9)

(B) Criminal Law - The court finds that continuing the prosecution serves no useful purpose when the parties have settled their dispute amicably. (Paras 8, 9)

Facts of the case:
The case involved the petitioners seeking to quash an FIR registered at PS - Hazrat Nizamuddin, New Delhi, on the basis of a settlement reached with the respondent.

Findings of Court:
The court quashed the FIR, concluding that no further prosecution was warranted.

Issues: The central issue was whether the FIR could be quashed based on the parties' amicable settlement.

Ratio Decidendi: The court held that when parties reach an amicable settlement, prosecution of such cases serves no useful purpose, hence quashing the FIR was justified.

Result: Petition allowed.

Table of Content
1. petition allowed after notice and settlements. (Para 1 , 2 , 4 , 5 , 10)
2. quashing of fir due to amicable settlement. (Para 3 , 6 , 7)
3. court's inclination to quash fir for non-prosecution. (Para 8)
4. fir and proceedings quashed based on presented facts. (Para 9)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

CRL. M.A. 2732/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 545/2021

3. Vide the present petition, petitioners seeks quashing of FIR No.249/2020, registered at PS - Hazrat Nizamuddin, 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. With the consent of learned counsel for parties, the present petition is taken up for final disposal.

6. The present petition is filed on the ground that petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement vide settlement deed dated 25.12.2019.

7. Respondent No. 2 is present through video confrencing and she has been identified by WSI Prity Bala /IO and submits that matter has been settled 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.249/2020, registered at PS - Hazrat Nizamuddin, New Delhi, and consequent proceedings emanating therefrom are quashed.

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

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