Puneet Sharma vs State

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Puneet Sharma - Appellant
Versus
State - Respondent
Crl.M.C. 963 of 2021
Decided On : 23-03-2021

Important Points

Court has the authority to quash FIRs in light of amicable settlements between parties, prioritizing resolution over prosecution.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners seek direction for quashing FIR No.538/2016 after entering into an amicable settlement before the Counseling Cell, Family Courts, Dwarka. The settlement amount was Rs.2,25,000/-, of which Rs.1,75,000/- was paid, leaving a balance of Rs.50,000/-, which was handed over in court - Complainant, present in person, states no wish to prosecute further. (Paras 3-11)

(B) Settlement - Amicable resolution - The court recognizes the importance of amicable settlements and quashes the FIR in light of the settlement, emphasizing that no useful purpose would be served by continuing prosecution. (Para 10)

Facts of the case:
The petitioners and respondent got married on 07.12.2014. Disputes arose leading to the FIR, which was subsequently settled amicably before the Family Courts' Counseling Cell. The complainant confirms the settlement and expresses no desire to continue prosecution.

Findings of Court:
FIR No.538/2016 and all proceedings arising therefrom are quashed due to the amicable settlement reached between the parties.

Issues: The main issue addressed was whether the FIR should be quashed in view of the amicable settlement between the parties.

Ratio Decidendi: The court concluded that judicial resources should not be expended on a matter where the parties have settled and the complainant does not wish to proceed, thus prioritizing the principles of amicable resolution.

Result: Petition allowed and FIR quashed.

Table of Content
1. factual background of the fir and settlement (Para 3 , 6 , 7 , 8)
2. complainant's wish to not prosecute (Para 9)
3. court's decision to quash fir (Para 10 , 11 , 12)

JUDGMENT (Oral)

Crl. M.A. 4918/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.963/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.538/2016 registered at Police Station Sultanpuri, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2 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 07.12.2014. Thereafter, disputes arose between the parties and subsequently, the present FIR was lodged.

7. Petitioners and respondent no.2 entered into an amicable settlement before the Counselling Cell, Family Courts, Dwarka, Delhi vide settlement dated 06.03.2019 and settled all their disputes amicably.

8. The total settlement amount is Rs.2,25,000/-. It is submitted that the respondent no. 2 has already received an amount of Rs.1,75,000/-. A demand draft bearing No.158179 in favour of respondent no.2 for the balance amount of Rs.50,000/- is handed over to the respondent no. 2 today in the Court.

9. Complainant is present in person and has been identified by SI Parmender Kumar and submits that matter has been settled and she 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.538/2016 registered at Police Station Sultanpuri, Delhi and consequent proceedings emanating therefrom are quashed.

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