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.
Suresh Kumar - Appellant
Versus
State - Respondent
Crl.M.C. 1052 of 2021
Decided On : 05-04-2021




A court can quash an FIR if the parties have amicably settled their disputes and no useful purpose would be served by continuing with the prosecution.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petition filed for quashing FIR No. 294/2017 on the grounds of amicable settlement between parties - Respondent appeared and confirmed settlement and non-prosecution - No further purpose in proceeding with the case. (Paras 3, 7, 9)

(B) Legal Principle - The court may quash FIR under inherent powers where parties have settled their disputes and continuation of proceedings serves no useful purpose. (Para 10)

Facts of the case:
Petitioner seeks to quash an FIR based on settled disputes, with both parties agreeing in court that prosecution is not desired, following a mediation settlement.

Findings of Court:
Given the amicable settlement, the court quashed the FIR and all related proceedings.

Issues: The central issue was whether to quash the FIR due to an amicable settlement between the parties.

Ratio Decidendi: The court emphasized that continuation of prosecution was unnecessary when both parties wished to settle the matter amicably, thereby invoking its inherent powers under Section 482.

Result: FIR No. 294/2017 quashed.

Table of Content
1. petition is allowed and disposed. (Para 1 , 2 , 11)
2. petitioner requests to quash fir due to settlement. (Para 3 , 6 , 8)
3. court's considerations on the settlement and prosecution. (Para 4 , 5 , 7 , 9)
4. court quashes the fir and proceedings. (Para 10)

JUDGMENT (Oral)

Crl. M.A. 5376/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 1052/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 294/2017, registered at PS - Malviya Nagar, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by learned counsel for respondent no.2 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 no. 2 has no objection if the present petition is allowed.

7. Respondent no.2 is personally present in Court through video conference with her counsel and they have been identified by SI Suraj/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioner and respondent no.2 has entered into an amicable settlement before Delhi Mediation Centre, Saket Courts, New Delhi vide Settlement dated 01.02.2020.

9. 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.

10. For the reasons afore-recorded, FIR No. 294/2017, registered at PS - Malviya Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

11. 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