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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ankit - Appellant
Versus
State - Respondent
Crl.M.C. 617 of 2021 & Crl.M.A. 3044 of 2021
Decided On : 25-02-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Consent and Settlement - Parties, having amicably resolved the matter, affirmed their settlement in affidavits which necessitated the quashing of the FIR. (Paras 5 and 6).
Facts of the case:
FIR pertained to allegations under Sections 279 and 337 IPC involving a dispute that was resolved through a Memorandum of Understanding. Both parties confirmed their agreement and presented their affidavits in support of quashing the FIR.
Findings of Court:
The court found that further prosecution would serve no useful purpose and decided to quash the FIR based on the amicable resolution of the dispute between the parties.
Issues: The primary issue was whether the FIR should be quashed, given the amicable settlement between the parties as demonstrated by the Memorandum of Understanding.
Ratio Decidendi: The court reasoned that since both parties acknowledged the resolution and expressed their desire to conclude the matter, it was in the interest of justice to quash the FIR.
Result: FIR No. 09/2021 quashed and the petition allowed.
| Table of Content |
|---|
| 1. petitioners seek quashing of fir. (Para 1) |
| 2. court observes presence of parties and settlement. (Para 3 , 4 , 7) |
| 3. fir resolved by memorandum of understanding. (Para 5 , 6) |
| 4. fir quashed based on settlement. (Para 8) |
| 5. petition allowed and disposed. (Para 9 , 10) |
JUDGMENT (Oral)
1. Petitioners are seeking quashing of FIR No. 09/2021, under Section 279/337 IPC, registered at police station Paschim Vihar, New Delhi and consequent proceedings emanating therefrom.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is the complainant of FIR in question and respondent No.3 is the driver of the vehicle and both are present through video conferencing and have been identified by the Investigating Officer, who is also present through video conferencing.
4. With the consent of both the sides, present petition has been taken up for final hearing and disposal.
5. Learned counsel appearing for petitioners submits that the subject matter of FIR stands amicably resolved between the parties in terms of Memorandum of Understanding dated 22.02.2021.
6. Respondents No. 2 & 3 are present through video conferencing and they affirm the factum of settlement in terms of aforesaid Memorandum of Understanding dated 22.02.2021 as well as contents of their affidavits filed in support of this petition.
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. 09/2021, under Section 279/337 IPC, registered at police station Paschim Vihar, New Delhi and consequent proceedings emanating therefrom are hereby quashed.
9. The petition is, accordingly, allowed and disposed of.
10. Pending application also stands disposed of.
