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.
Mahan Singh Chauhan - Appellant
Versus
State - Respondent
Crl.M.C. 921 of 2021
Decided On : 18-03-2021




A High Court can quash an FIR when there is an amicable settlement between the parties that eliminates the necessity for prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Petition for quashing FIR - Settlement between parties - The petitioner sought to quash FIR No.344/2020 on grounds of an amicable settlement, where respondent Nos. 2 and 3 consented to the petition. The settlement agreement, dated 08.03.2021, involved a balance settlement amount of Rs.57,50,000/- paid to respondent No. 2. The court found prosecution unnecessary and quashed the FIR as no useful purpose would be served in further prosecution of the petitioner. (Paras 3-11)

(B) Quashing FIR - The court emphasized that it can quash FIRs based on amicable settlements that eliminate the need for further prosecution, affirming the importance of resolving disputes outside the courtroom. (Paras 10-11)

Table of Content
1. (Para 3 , 6 , 7 , 8 , 9 , 10 , 11 , 12)

JUDGMENT (Oral)

Crl.M.A.4625/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 921/2021

3. Vide the present petition, petitioner seeks direction for quashing of FIR No.344/2020, registered at Police Station Ranjit Nagar, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent nos.2 and 3 and with the consent of counsel for parties, 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. Petitioner and respondent Nos.2 and 3 have entered into an amicable settlement before the Delhi High Court Mediation and Conciliation Centre vide Settlement Agreement on 08.03.2021.

8. Petitioner has handed over a demand draft bearing No.463451 dated 09.03.2021 to respondent No.2 in the Court today in favour of respondent No.2 for an amount of Rs.57,50,000/- towards balance settlement amount.

9. Respondent No.2 who is also Director of respondent No.3- Company is present in Court and he has been identified by IO/Insp. Surender Kumar and submits that matter has been settled and he does not wish to prosecute the matter any further.

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.344/2020, registered at Police Station Ranjit Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

12. The petition is, accordingly, allowed and 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