SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Jamil Ahmed - Appellant
Versus
State - Respondent
Crl.M.C. 689 of 2021
Decided On : 03-03-2021




Amicable settlements between parties can lead to the quashing of FIRs when further prosecution serves no useful purpose.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections 482 and relevant provisions - Quashing of FIR - Petitioners sought quashing of FIR No.452/2016 on grounds of settlement between parties - Respondent nos. 2 to 5 presented in court confirmed settlement and expressed no objection to quashing - Court found that no useful purpose would be served by further prosecution of petitioners. (Paras 3, 9, 10)

Facts of the case:
The petitioners filed for the quashing of an FIR related to a settled dispute, wherein involved parties, represented through counsel, confirmed the settlement and expressed no intention to prosecute further.

Findings of Court:
The Court determined that prosecuting the petitioners any further would serve no useful purpose and inclined to quash the FIR.

Issues: The main issue addressed was the settlement between the parties and its effect on the prosecution of the FIR.

Ratio Decidendi: The Court ruled that due to the amicable settlement and absence of objection from the concerned parties, the FIR and related proceedings should be quashed to prevent unnecessary prosecution.

Result: FIR No.452/2016 quashed and the petition allowed.

Table of Content
1. amicable settlement leads to quashing of fir (Para 3 , 6 , 8)
2. court considers party consent for resolution (Para 7 , 9)
3. legal decision to quash fir based on settlement (Para 10)
4. petition allowed and application disposed of (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 3362/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.689/2021 & CRL.M.A.3361/2021 (stay)

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.452/2016, registered at PS - Bhajanpura, Delhi 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 to 5 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 5 have no objection if the present petition is allowed.

7. Respondent nos.2 to 5 are personally present in Court through video conferencing with their counsel and they have been identified by SI Rahul 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 8 have entered into an amicable settlement vide Compromise Deeds/MoUs dated 23.01.2021 and 11.02.2021.

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.452/2016, registered at PS - Bhajanpura, Delhi and consequent proceedings emanating therefrom are quashed.

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

12. Pending application also stands disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top