Judicial discretion allows quashing of FIR when parties reach an amicable settlement and prosecution serves no useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Quashing of FIR - Petitioners sought direction to quash FIR No.16/2021 based on amicable settlement - Respondent No.2 has no objection to the petition being allowed - Settlement made before Permanent Lok Adalat for compensation of Rs.59,000/-. (Paras 4, 8, 10)

(B) Legal Principle - Judicial discretion is exercised favorably when parties have reached an amicable settlement, and prosecution serves no useful purpose. (Paras 9, 10)

Facts of the case:
Petitioners sought quashing of an FIR based on a settled dispute, where respondent No.2 agreed to the quashing. The settlement amount was reached before the Permanent Lok Adalat.

Findings of Court:
The court found that due to the amicable settlement, continuing prosecution would not serve any useful purpose, leading to the decision to quash the FIR.

Issues: Whether the FIR should be quashed based on the amicable settlement between the parties.

Ratio Decidendi: The court determined that since the parties had settled their disputes and respondent No.2 did not wish to proceed with the matter, the FIR was quashed as no useful purpose would be served by prosecution.

Result: FIR No.16/2021 is quashed and petition allowed.

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 2999/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.605/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.16/2021 dated 08.01.2021 registered at Police Station Mansarovar Park and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, 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. Counsel for respondent No.2/BSES is present and submits that matter has been settled and he does not wish to prosecute the matter any further.

8. Petitioner and respondent no.2 have entered into an amicable settlement before the Permanent Lok Adalat-II, BSES Building, Opp. Aiwan-E-Galib, Mata Sundari Lane, New Delhi in the sum of Rs.59,000/- on 25.09.2020.

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.16/2021 dated 08.01.2021 registered at Police Station Mansarovar Park and consequent proceedings emanating therefrom are quashed.

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

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