The court upheld that FIR quashing is permissible when parties reach an amicable settlement, provided appropriate compensation is addressed.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - The petitioner sought direction for quashing FIR No.386/2020 based on settled disputes between parties - Respondent No.4, father of the deceased, was added as a party - Settlement included compensation payment - No useful purpose served in prosecuting matters further. (Paras 4, 9, 10, 14, 15)

(B) Settlement - Parties expressed their intention for amicable resolution through a Settlement Deed resulting in the payment of compensation - Court emphasizes the importance of compensation in settlements. (Paras 11, 13)

Facts of the case:
The petitioner filed a petition to quash an FIR on the basis of a settlement between the parties. The father of the deceased was added as a respondent, and a compensation of Rs.1 lac was agreed upon. Respondent No.2 expressed no desire to further prosecute the matter.

Findings of Court:
The Court found that no useful purpose would be served in proceeding with the FIR as the matter was settled amicably and appropriate compensation was paid.

Issues: The primary issues involved the agreement among parties to settle disputes and the provision of compensation.

Ratio Decidendi: The court recognized that the quashing of the FIR was warranted due to the amicable settlement of disputes, where the parties expressed their desire not to pursue prosecution.

Result: Petition allowed and FIR quashed.

Table of Content
1. settlement leads to quashing of fir. (Para 3 , 9 , 11 , 13)
2. court emphasizes importance of parties' consent. (Para 5 , 6 , 8 , 14)
3. compensation to victim's family considered necessary. (Para 10)
4. fir quashed due to settled disputes. (Para 15)
5. petition allowed and disposed of. (Para 16)

JUDGMENT (Oral)

Crl.M.A.4624/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 920/2021

3. Vide the present petition, petitioner seeks direction for quashing of FIR No.386/2020, registered at Police Station Tilak Nagar, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Learned APP for State accepts notice on behalf of respondent No.1 and has pointed out that father of deceased, namely, Mr. Ramesh Kumar, who is alive, is not made a party to the present petition.

6. At the oral request of learned counsel for petitioner, Mr. Ramesh Kumar is added as respondent No.4 in the array of parties.

7. Petitioner is directed to file amended memo of parties during the course of the day.

8. Notice is accepted by learned counsel for respondent Nos.2 to 4 and with the consent of counsel for parties, present petition is taken up for final disposal.

9. 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.

10. Learned APP has opposed the present petition and submits that in terms of settlement, no compensation has been given to respondent No.4 being father of deceased. Therefore, if this Court is inclined to quash the present FIR, some compensation shall be given to respondent No.4.

11. Learned counsel for petitioner, on instructions from petitioner, who is present in Court has come forward and agreed to pay an amount of Rs.1 lac to respondent No.4 by way of a cheque bearing No.326006 dated 18.03.2021 drawn on Axis Bank, Tilak Nagar Branch towards compensation. The aforesaid cheque is handed over to respondent No.2 being daughter-in-law of respondent No.4.

12. Respondent No.2 is present in Court with her counsel and she has been identified by SI Ankur (IO) and she submits that matter has been settled and she does not wish to prosecute the matter any further.

13. Petitioner and respondent Nos.2 and 3 have entered into an amicable settlement vide Settlement Deed dated 10.03.2021.

14. 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.

15. For the reasons afore-recorded, FIR No.386/2020, registered at Police Station Tilak Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

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

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