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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Nadir Shah - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 823 of 2021
Decided On : 10-03-2021




The court may quash an FIR when parties have settled their disputes amicably and the complainants do not wish to prosecute further.

Headnote:(A) Code of Criminal Procedure, 1973 - Quashing of FIR - Parties have settled disputes; respondent has no objection to quashing - Settlement deed specifies repayment terms for loan amount of Rs.31 lakhs - Quashing FIR No.420/2018 as no prosecution purpose served. (Paras 5, 6, 9, 10)

Facts of the case:
The petitioner seeks quashing of FIR No.420/2018, filed due to a financial dispute. The parties have settled their differences amicably, agreeing on loan repayment terms.

Findings of Court:
The court finds that since the matter has been settled, prosecution would not serve any useful purpose, leading to the decision to quash the FIR.

Issues: The central issue addressed was whether to quash the FIR based on the amicable settlement between the parties involved in the financial dispute.

Ratio Decidendi: The court concluded that with the parties' settlement and express desire not to pursue prosecution, it is in the interest of justice to quash the FIR as further proceedings would be unnecessary.

Result: FIR No.420/2018 and all related proceedings are quashed.

Table of Content
1. petition seeks quashing of fir based on settlement (Para 3 , 4 , 5)
2. parties have settled disputes amicably (Para 6 , 7 , 8)
3. court quashes fir due to settlement (Para 9 , 10)
4. final order allows and disposes of petition (Para 11 , 12)

JUDGMENT (Oral)

CRL. M.A. 4060/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.823/2021 & Crl.M.A. 4059/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.420/2018 dated 15.12.2018, registered at PS - Kotla Mubarakpur, 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 & 3 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 and 3 have no objection if the present petition is allowed.

7. Respondent Nos.2 &3 are personally present in Court with learned counsel and they have been identified by SI Bansi Lal/IO and submits that matter has been settled and they do not wish to prosecute the matter any further.

8. Petitioners and respondent nos.2 & 3 have entered into an amicable settlement vide settlement deed dated 02.03.2021 wherein petitioners are to repay the complete loan amount of Rs.31 lakhs to the respondents on or before 15.03.2022.

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.420/2018 dated 15.12.2018, registered at PS - Kotla Mubarakpur and consequent proceedings emanating therefrom are quashed.

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

12. Pending application also stands disposed of.

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