Subhash Chand Sharma vs State of NCT of Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Subhash Chand Sharma - Appellant
Versus
State of NCT of Delhi - Respondent
Crl.M.C. 450 of 2021
Decided On : 25-02-2021

Important Points

The court can quash an FIR when the parties have amicably settled their disputes and there is no objection from the affected parties to the quashing of proceedings.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Sections pertaining to quashing of FIR - In circumstances where disputes between parties have been amicably settled, continuation of proceedings is unnecessary - Court reiterated that if there is no objection from the respondents to quash the FIR, it is proper to allow such a petition. (Paras 1-8)

(B) Mediation - Amicable settlement reached between parties obviates the need for prosecution - In interest of justice and judicial economy, disputes settled through mediation preserved and affirmed by the court. (Para 6)

Table of Content
1. settlement of disputes allows for quashing fir. (Para 1 , 4 , 5 , 6)
2. court's inclination to quash fir based on settlement. (Para 7)
3. court quashes fir due to no prosecution purpose. (Para 8)
4. petition allowed and disposed. (Para 9)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 361/2016 dated 16.10.2016, registered at PS - Palam village, and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for respondent nos.2 & 3 and with the consent of counsel for parties, the present petition is taken up for final disposal.

4. 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.

5. Respondent Nos.2 & 3 are personally present in Court with learned counsel and they have been identified by their counsel and submits that matter has been settled and they do not wish to prosecute the matter any further.

6. Petitioners and respondent nos.2 & 3 have entered into an amicable settlement before Mediation Centre, Dwarka Courts, Delhi vide settlement deed dated 08.05.2019.

7. 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.

8. For the reasons afore-recorded, FIR No. 361/2016 dated 16.10.2016, registered at PS - Palam village, and consequent proceedings emanating therefrom are quashed.

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