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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Hammad Khan - Appellant
Versus
State - Respondent
Crl.M.C. 653 of 2021 & Crl.M.A. 3177 of 2021
Decided On : 26-02-2021
1. Vide this petition, quashing of FIR No. 51/2021, registered at police station Jamia Nagar, Delhi for the offences under Section 395 IPC is sought by petitioners.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice. He has opposed this petition on the ground that the FIR has recently been registered and there are eight accused persons, out of which four accused are minor and that investigation is in progress.
4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.
5. Learned counsel for petitioners submits that in this petition, he is appearing on behalf of complainant as well. He further submits that the complainant and petitioners are living in the same area and due to some misunderstanding a quarrel took place amongst the children, which resulted into registration of FIR in question.
6. Learned counsel for petitioners further submits that all petitioners are minor and except petitioner No.2, all the petitioners were apprehended and sent to Observation Homes. Learned counsel next submits that the complainant of FIR in question, who is a minor, is present in the Court with his father and parents of petitioners are also present in the Court.
7. Both the sides have prayed before this Court that the parties to this petition are minor and for their better future prospects, a lenient view be taken and the FIR in question be quashed.
8. Keeping in view that the dispute between the parties has been amicably resolved and also the fact that the parties involved are minor and living in the same area, therefore, to restore cordiality and better future prospects, this Court is inclined to quash the FIR in question.
9. Accordingly, FIR No. 51/2021, registered at police station Jamia Nagar, Delhi and proceedings emanating therefrom are hereby quashed.
10. The petition and pending application are accordingly disposed of.
Court emphasizes the significance of amicable resolution among minors when quashing criminal charges to safeguard their future prospects.
A quashing of FIR is permissible when parties have amicably resolved their dispute, promoting justice and restoring harmony.
FIRs can be quashed when disputes between minor parties are amicably resolved, emphasizing settlement over judicial proceedings.
FIR quashed - Amicable settlement between parties - Petition has been filed on ground that matter has been amicably resolved between parties and complainant does not wish to pursue case against petit....
The court has the authority to quash FIRs when parties reach an amicable resolution, prioritizing justice and preventing unnecessary legal proceedings.
The court may quash an FIR when the matter has been amicably settled between the parties, and prosecution would not serve any useful purpose.
Resolution of disputes outside court can justify quashing FIRs when complainants express no intention to prosecute further.
The court upheld the validity of the FIR while emphasizing the necessity to follow the Juvenile Justice Act for proceedings involving a minor.
Quashing of FIR is appropriate when disputes between the parties are resolved amicably, and continuation of proceedings serves no useful purpose.
Criminal proceedings in matrimonial disputes, including those under Section 498A IPC, can be quashed by the High Court under its inherent powers if parties have reached an amicable settlement and no ....
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