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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Navjot Singh - Appellant
Versus
State of NCT of Delhi - Respondent
Crl.M.C. 624 of 2021 & Crl.M.A. 3062 of 2021
Decided On : 25-02-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Quashing of FIR - The court is inclined to quash the FIR as continuing prosecution would serve no useful purpose after the settlement is affirmed. (Paras 7-9)
Facts of the case:
The petitioner sought to quash an FIR filed by the complainant, which was subsequently settled amicably in a Memorandum of Understanding. The complainant affirmed the settlement during video conferencing.
Findings of Court:
The court quashed the FIR and observed that prosecution would be futile post-settlement.
Issues: The main issue was whether the FIR should be quashed given the amicable settlement between parties.
Ratio Decidendi: The court held that an FIR could be quashed when parties reach a settlement, provided there is no further public interest in prosecuting the case.
Result: Petition allowed; FIR quashed.
| Table of Content |
|---|
| 1. fir quash due to amicable resolution. (Para 1 , 5 , 6) |
| 2. notice accepted; parties present via video. (Para 3 , 4) |
| 3. court views no further prosecution needed. (Para 7) |
| 4. fir quashed based on settlements. (Para 8) |
| 5. petition allowed and disposed. (Para 9 , 10) |
JUDGMENT (Oral)
1. Petitioner is seeking quashing of FIR No. 429/2019, registered at police station Hari Nagar, New Delhi and consequent proceedings emanating therefrom.
2. Notice issued.
3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is the complainant of FIR in question and she is present through video conferencing and has been identified by the Investigating Officer of this case, 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 petitioner submits that the subject matter of FIR stands amicably resolved between the parties in terms of Memorandum of Understanding dated 18.02.2021.
6. Respondent No. 2 present through video conferencing affirms the factum of settlement in terms of aforesaid Memorandum of Understanding dated 18.02.2021 as well as contents of her affidavit 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. 429/2019, registered at police station Hari Nagar, New Delhi, registered at police station Hari Nagar, 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.
