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
| 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) |
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.
Quashing of FIR is appropriate when disputes between the parties are resolved amicably, and continuation of proceedings serves no useful purpose.
The court has the authority to quash FIRs when parties reach an amicable resolution, prioritizing justice and preventing unnecessary legal proceedings.
Amicable resolution of a dispute between parties, affirmed by the complainant, can lead to the quashing of an FIR under Section 482 of the Code of Criminal Procedure.
An FIR can be quashed if parties have amicably settled their disputes and the complainant does not wish to pursue prosecution further.
The court may quash an FIR when the matter has been amicably settled between the parties, and prosecution would not serve any useful purpose.
Amicable settlements between parties can lead to quashing of FIRs under Section 482, emphasizing discontinuation of proceedings when no useful purpose is served.
The court held that amicable resolution of civil disputes justifies quashing of related criminal proceedings.
An FIR can be quashed based on an amicable resolution between parties, provided the complainant indicates no objection to terminating proceedings.
The court may quash an FIR when the parties have resolved their disputes amicably, negating any purpose for prosecution.
A quashing of FIR is permissible when parties have amicably resolved their dispute, promoting justice and restoring harmony.
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