Shaurya Challana vs State (NCT of Delhi)

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Shaurya Challana - Appellant
Versus
State (NCT of Delhi) - Respondent
Crl.M.C. 681 of 2021
Decided On : 03-03-2021

Important Points

A criminal FIR may be quashed when the parties reach an amicable settlement and the complainant chooses not to prosecute the case.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Criminal Procedure Code, 1973 - Section 482 - Petition to quash FIR - Petitioners sought to quash FIR No.331/2020 registered due to amicable settlement with the respondent - Parties married on 06.05.2019 and lived separately due to incompatibility - Settlement amount of Rs.60,00,000/- reached, of which Rs.45 lakh was already received; balance was handed over in court. (Paras 3, 7, 10, 11)

(B) Quashing of FIR - When the parties have settled their disputes amicably and the complainant expresses no intention to prosecute, the court may quash the FIR as no useful purpose would be served in prosecution. (Paras 10, 11)

Facts of the case:
The petition arises from an FIR registered by the respondent against the petitioners. The parties, post-separation, reached an amicable settlement, with the complainant indicating her wish not to pursue the case further.

Findings of Court:
The court found merit in the petition based on the amicable settlement reached between the parties.

Issues: The main issues were whether the FIR could be quashed based on an amicable settlement and the complainant's lack of interest in prosecution.

Ratio Decidendi: The court underscored that prosecution should not proceed when the parties have settled their disputes amicably and the complainant does not wish to contest the matter.

Result: FIR No.331/2020 is quashed and the petition is allowed.

Table of Content
1. petition seeks to quash fir due to disputes. (Para 3)
2. parties entered into an amicable settlement. (Para 6 , 7)
3. respondent wishes to withdraw prosecution. (Para 8 , 9)
4. court's inclination to quash fir based on settlements. (Para 10)
5. court quashes fir and disposes of petition. (Para 11 , 12)

JUDGMENT (Oral)

Crl. M.A. 3333/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.681/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.331/2020 dated 14.08.2020 registered at Police Station Greater Kailash and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 present in person and with the consent of counsel for parties, present petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 06.05.2019 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Memorandum of Understanding dated 19.10.2020 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person and has been identified by SI Anil Kumar of Police Station Greater Kailash and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. The total settlement amount is Rs.60,00,000/- and the respondent no. 2 has already received an amount of Rs.45 lakhs. A demand draft bearing No.512232 dated 13.01.2021 for the balance amount of Rs.15,00,000/- is handed over to the respondent no. 2 today in the Court.

10. 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.

11. For the reasons afore-recorded, FIR No.331/2020 dated 14.08.2020 registered at Police Station Greater Kailash and consequent proceedings emanating therefrom are quashed.

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