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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Subash Pal - Appellant
Versus
State of NCT - Respondent
Crl.M.C. 678 of 2021
Decided On : 03-03-2021




The court may quash an FIR when the parties amicably settle their disputes, affirming the principle that prosecution continues only when necessary.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - In a petition seeking quashing of FIR No.822/2014, the court notes that the parties have settled their disputes and there is no objection to the quashing - The parties express no desire to prosecute further. (Paras 6-10)

(B) Amicable Settlement - The court acknowledges that an amicable settlement was reached between the parties, and endorses the principle that quashing an FIR serves judicial efficiency when disputes are resolved outside the courtroom. (Paras 8-10)

Facts of the case:
The petitioners sought to quash an FIR based on an amicable settlement reached with the respondents, who indicated no objection to the proceedings being quashed. (Paras 4-6)

Findings of Court:
Given the amicable nature of the settlement and the absence of an objection from the respondents, the court finds it just to quash the FIR and discontinue proceedings against the petitioners. (Paras 9-10)

Issues: The primary issue addressed was whether the FIR should be quashed in light of the settlement between the parties. (Paras 3-5)

Ratio Decidendi: The court reasoned that where parties have amicably settled their disputes, continuing prosecution would serve no useful purpose, affirming judicial economy and party autonomy in resolving conflicts. (Paras 9-10)

Result: The FIR and all consequent proceedings have been quashed, and the petition is allowed and disposed of.

Table of Content
1. petition allowed and disposed (Para 1 , 2 , 4 , 11)
2. quashing of fir due to amicable settlement (Para 3 , 6 , 8)
3. parties' consent for final disposal (Para 5 , 7)
4. court's reasoning to quash fir (Para 9)
5. final decision to quash proceedings (Para 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 3323/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.678/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.822/2014, registered at PS - Mandawali, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent nos.2 to 4 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 to 4 have no objection if the present petition is allowed.

7. Respondent nos.2 to 4 are personally present in Court through video conferencing and they have been identified by SI Sanjeet and submit that matter has been settled and they do not wish to prosecute the matter any further.

8. Petitioners and respondent nos.2 to 4 have entered into an amicable settlement vide Compromise-cum-Settlement Deed dated 03.09.2020.

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.822/2014, registered at PS - Mandawali, Delhi and consequent proceedings emanating therefrom are quashed.

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

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