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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Surender Kumar - Appellant
Versus
State - Respondent
Crl.M.C. 378 of 2021
Decided On : 09-02-2021




The court has the authority to quash an FIR when parties reach an amicable settlement and do not wish to pursue prosecution, ensuring judicial efficiency.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Parties have entered into an amicable settlement and do not wish to prosecute the matter - FIR was quashed as no useful purpose would be served in further prosecution. (Paras 3, 9, 10)

Facts of the case:
Petitioners seek to quash FIR No. 5/2021, registered at PS - Kanjhawala, Delhi. Respondent nos. 2 and 3, present in Court, identified themselves and confirmed settlement of disputes without any objection to the quashing.

Findings of Court:
The Court holds that the FIR and subsequent proceedings are quashed as continuing them serves no useful purpose.

Issues: The main issue is whether to quash the FIR based on the amicable settlement between the parties.

Ratio Decidendi: The court emphasized that in cases of amicable settlements where parties do not wish to prosecute, the FIR can be quashed to avoid unnecessary legal proceedings.

Result: FIR No. 5/2021 and all proceedings arising therefrom are quashed.

Table of Content
1. parties settled disputes amicably. (Para 3 , 6 , 8)
2. court proceedings initiated and notices served. (Para 4 , 5 , 7)
3. no useful purpose in continued prosecution. (Para 9)
4. fir quashed based on settlement. (Para 10)
5. petition allowed and order issued. (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl.M.A.1999/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 378/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 5/2021, registered at PS - Kanjhawala, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by 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 with learned counsel and they have been identified by SI Raghu Kumar/IO and submits that matter has been settled and they do not wish to prosecute the matter any further.

8. Petitioners and respondent nos. 2 and 3 have entered into an amicable settlement and settled all their disputes.

9. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting the petitioners any further.

10. For the reasons afore-recorded, FIR No. 5/2021, registered at PS - Kanjhawala, Delhi and consequent proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website of this Court forthwith.

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