Rajesh Karnani vs State

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Rajesh Karnani - Appellant
Versus
State - Respondent
Crl.M.C. 1075 of 2021
Decided On : 07-04-2021

Important Points

The court recognized the validity of amicable settlements in criminal cases, allowing for the quashing of FIRs when both parties agree to discontinue prosecution.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash an FIR on the grounds of settlement between parties - Respondent present in court affirmed settlement and indicated no further prosecution - No useful purpose served in pursuing legal action - The High Court quashed the FIR and disposed of the petition. (Paras 3, 6, 10)

(B) Legal Principle of amicable settlement - The court recognized the validity of amicable settlements between parties, particularly when both parties agree to forego prosecution. (Paras 7, 9)

Facts of the case:
Petitioners sought to quash FIR No. 329/2020 based on a settlement deed between the parties dated 23.03.2021, with the respondent expressing no objection to the quashing.

Findings of Court:
The court ruled in favor of the petitioners, indicating that continuing prosecution would serve no useful purpose.

Issues: The main issues included the legitimacy of the settlement and its impact on the continuation of legal proceedings.

Ratio Decidendi: The court emphasized the importance of amicable settlements in criminal matters, allowing quashing when both parties agree to discontinue prosecution.

Result: Petition allowed and FIR quashed.

Table of Content
1. final order allows quashing of fir. (Para 1 , 2 , 10 , 11)
2. settled disputes can lead to quashing fir. (Para 3 , 6 , 7 , 8)
3. court considers presence and wishes of parties. (Para 4 , 5 , 9)

JUDGMENT (Oral)

CRL. M.A. 5493/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1075/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 329/2020 dated 08.09.2020, registered at PS - Gandhi Nagar, and all other 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, 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 and she has been identified by ASI Sanjeev Kumar/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 23.03.2021.

9. 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.

10. For the reasons afore-recorded, FIR No. 329/2020 dated 08.09.2020, registered at PS - Gandhi Nagar and consequent proceedings emanating therefrom are quashed.

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