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.
Niranjan Jain - Appellant
Versus
State - Respondent
Crl.M.C. 855 of 2021 & Crl.M.A. 4253 of 2021
Decided On : 06-04-2021




Quashing of FIR is appropriate when disputes between the parties are resolved amicably, and continuation of proceedings serves no useful purpose.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought quashing of FIR No.100/2017 - The parties resolved their disputes amicably through a Memorandum of Understanding dated 21-12-2020 - Complainant affirmed resolution and did not wish to prosecute further. (Paras 5-7)

(B) Dispute Resolution - The court emphasized that continuance of proceedings would serve no useful purpose when parties have amicably settled the matter. (Paras 7-9)

Facts of the case:
The petitioners are related to each other, and misunderstandings led to the FIR being registered. The complainant expressed that he no longer wishes to pursue the charges.

Findings of Court:
The dispute is resolved and hence, the FIR and consequential proceedings were quashed.

Issues: The key issue was whether to quash the FIR based on the amicable resolution of disputes.

Ratio Decidendi: The court held that where disputes among the parties are resolved amicably, it is appropriate to quash the FIR to prevent needless continuation of legal proceedings.

Result: Petition allowed and FIR quashed.

Table of Content
1. quashing of fir due to amicable settlement. (Para 1 , 5 , 6)
2. court's inclination to quash fir based on resolution. (Para 3 , 4 , 7)
3. fir quashed and proceedings dismissed. (Para 8)
4. conclusion and final disposition of the petition. (Para 9 , 10)

JUDGMENT (Oral)

1. By this petition, petitioners are seeking quashing of FIR No.100/2017, registered at police station Shahdara, Delhi.

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for respondent No.1/State, accepts notice and submits that respondent No.2, who is the complainant of FIR in question, is present and he has been duly identified by the Investigating Officer of this case, who is also present in the Court.

4. With the consent of both the sides, the present petition is taken up for final hearing and disposal.

5. Learned counsel for petitioners submits that parties are distantly related to each other but due to some misunderstanding, the FIR in question was registered and several civil disputes arose amongst the parties and third parties. However, with the intervention of well wishers and common relatives, the dispute between the parties has been resolved in terms of Memorandum of Understanding dated 21-12-2020 and parties have decided to put a quietus to all the disputes amicably.

6. Respondent No.2, who is the complainant of FIR in question, is present and he has affirmed the factum of settlement with petitioners in terms of Memorandum of Understanding dated 21-12-2020. He also submits that he does not wish to prosecute the matter any further.

7. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising there-from.

8. For the reasons afore-noted, FIR No.100/2017, registered at police station Shahdara, Delhi and consequent proceedings emanating therefrom are hereby quashed.

9. The petition is allowed and accordingly disposed of.

10. Pending application also stands 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