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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Umesh Lochab - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
Crl.M.C. 1091 of 2021
Decided On : 07-04-2021




An FIR can be quashed when the parties have settled their disputes amicably, and prosecution serves no useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - The petitioner seeks to quash FIR No. 66/2019 based on an amicable settlement between the parties as evidenced by a compromise deed dated 22.03.2021 - The second respondent appeared in court indicating no wish to proceed with the prosecution. (Paras 3, 6, 8, 9, 10)

(B) Grounds for Quashing - The court highlighted that no useful purpose remains in prosecuting the petitioner, given the settlement of disputes. (Paras 9, 10)

Facts of the case:
The petitioner filed a petition to quash an FIR registered against him, indicating that all disputes had been amicably settled with the complainant, who was present in court expressing her non-objection to the petition.

Findings of Court:
The court found it appropriate to quash the FIR as the complainant did not wish to continue with the proceedings, aiming to prevent further unnecessary prosecution.

Issues: The critical issues were the validity of the settlement between the parties and the implications for the FIR based on that settlement.

Ratio Decidendi: The court ruled that where disputes between parties have been resolved amicably, and prosecution is unwarranted, an FIR can be quashed.

Result: Petition allowed and FIR quashed.

Table of Content
1. petition allowed and disposed. (Para 1 , 2 , 4 , 5 , 11)
2. petitioner seeks quashing of fir based on settlement. (Para 3 , 6 , 7 , 8)
3. no prosecution serves a useful purpose. (Para 9)
4. fir quashed due to settlement. (Para 10)

JUDGMENT (Oral)

CRL. M.A. 5579/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1091/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 66/2019 dated 06.06.2019, registered at PS - Barakhamba Road, 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 SI Muneesh Kumar/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 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed dated 22.03.2021.

9. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioner any further.

10. For the reasons afore-recorded, FIR No. 66/2019 dated 06.06.2019, registered at PS - Barakhamba Road, and consequent proceedings emanating therefrom are quashed.

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

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