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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Vipin Kumar - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 508 of 2021
Decided On : 25-02-2021




Quashing of an FIR is justified when parties settle their disputes amicably and express no wish to continue prosecution.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petition for quashing FIR filed on the basis of amicable settlement between parties - Both parties having settled their disputes and respondent able to provide no objection - The court quashes FIR as prosecution would serve no useful purpose. (Paras 3, 9, 10)

Facts of the case:
The petitioner sought to quash FIR No. 362/2016 concerning a dispute settled amicably between parties. Respondent nos. 2 and 3, present in court, expressed no objection to the petition being allowed. (Paras 3, 8)

Findings of Court:
The court determined that further prosecution would not serve any useful purpose, thus, quashing the FIR and all proceedings arising from it. (Paras 9, 10)

Issues: The main issue addressed was whether an amicable settlement between the parties warrants quashing of the FIR. (Para 6)

Ratio Decidendi: The court stated that where parties settle their disputes amicably, continuing prosecution is not justified, hence the FIR is quashed. (Para 10)

Result: FIR No.362/2016 dated 16.10.2016 and all consequent proceedings are quashed.

Table of Content
1. petition for quashing fir based on settlement. (Para 3 , 6 , 8)
2. acceptance of notice and amicable settlement. (Para 5 , 7)
3. court's inclination based on the settlement. (Para 9)
4. quashing of fir and conclusion of petition. (Para 10 , 11)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 2597/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.508/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.362/2016 dated 16.10.2016, registered at PS - Palam Village, 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 & 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 & 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.

8. Petitioners and respondent nos.2 & 3 have entered into an amicable settlement vide settlement deed dated 08.05.2019.

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.362/2016 dated 16.10.2016, registered at PS - Palam Village, and consequent proceedings emanating therefrom are quashed.

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

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