Bank of Baroda vs State NCT of Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Bank of Baroda - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 710 of 2021
Decided On : 03-03-2021

Important Points

Amicable settlements in criminal matters can lead to the quashing of FIRs if all parties consent and further prosecution serves no useful purpose.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioner seeks quashing of FIR No.242/2016 on grounds of amicable settlement - Respondent has no objection to quashing - Settlement deed established with total amount of Rs.85,00,000/- of which Rs.42,50,000/- has been received - Petition allowed. (Paras 1-10)

(B) Settlements in Criminal Matters - The court acknowledges that if the parties arrive at a settlement and no purpose would be served in further proceedings, FIR may be quashed. (Paras 8-9)

Facts of the case:
The petitioner sought quashing of FIR stemming from a dispute that has been settled amicably between the parties for a total amount of Rs.85,00,000/-, where the respondent no. 2 expressed a lack of interest in continuing prosecution.

Findings of Court:
The Court found no useful purpose in further prosecution of the petitioner given the amicable settlement between the parties.

Issues: Whether the FIR should be quashed in light of the settlement reached between the parties, and whether the respondent wishes to continue with the prosecution.

Ratio Decidendi: The court reasoned that amicable settlements that resolve disputes satisfactorily can justify the quashing of FIRs, especially when the complainant does not wish to prosecute further.

Result: Petition allowed and FIR quashed.

Table of Content
1. settlement of disputes and no objection to quashing fir. (Para 1 , 4 , 5 , 6 , 7)
2. court's inclination to quash based on settlement. (Para 8)
3. legal basis for quashing actions. (Para 9)
4. final decision to allow the petition. (Para 10)

JUDGMENT (Oral)

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.242/2016 dated 13.12.2016, registered at PS - Defence Colony, and all other proceedings arising therefrom.

2. Notice issued.

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

4. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is allowed.

5. Respondent No. 2 is personally present in Court with learned counsel and he has been identified by SI Sumit/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

6. Petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 17.02.2021 and settled all disputes.

7. The total settlement amount is Rs.85,00,000/- and the respondent no. 2 has already received an amount of Rs.42,50,000/-. A demand draft bearing No.256728 dated 02.03.2021 for the balance amount of Rs.42,50,000/- is handed over to the respondent no. 2 today in the Court.

8. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioner any further.

9. For the reasons afore-recorded, FIR No.242/2016 dated 13.12.2016, registered at PS - Defence Colony and consequent proceedings emanating therefrom are quashed.

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