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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Naresh Kumar - Appellant
Versus
State of NCT of Delhi at New Delhi - Respondent
Crl.M.C. 379 of 2021
Decided On : 09-02-2021




Quashing of an FIR is warranted when parties have settled their disputes and the victim does not wish to prosecute further.

Headnote:(A) CrPC - Section 482 - Quashing of FIR - The petitioner seeks quashing of FIR No.42/2021 on grounds of settlement of disputes between the parties, with respondent No.2 expressing no objection to the quashing - The petitioner and respondent entered into an amicable settlement as per a deed dated 02.02.2021. (Paras 6, 8, 10)

Findings of Court:
Taking into account the amicable settlement and absence of objection from respondent, the court quashed the FIR as no purpose would be served in further prosecution.

Issues: Whether the FIR should be quashed in light of the amicable settlement between the parties.

Ratio Decidendi: The court reasoned that continuing prosecution would serve no useful purpose given the settlement and the victim's lack of objection.

Result: Petition allowed, and FIR quashed.

Table of Content
1. dispute settled; no prosecution desired. (Para 3 , 6 , 7 , 8)
2. proceedings quashed due to resolution. (Para 9)
3. fir quashed as no purpose in prosecution. (Para 10)
4. petition allowed and disposed of. (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 2001/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.379/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.42/2021 dated 23.01.2021, registered at PS - Bawana, Delhi, and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 through video conferencing 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 through video conferencing and she has been identified by SI Jagbir/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 02.02.2021.

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

10. For the reasons afore-recorded, FIR No.42/2021 dated 23.01.2021, registered at PS - Bawana, 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 forthwith.

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