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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Reema - Appellant
Versus
State - Respondent
Crl.M.C. 1128 of 2021
Decided On : 09-04-2021




The court can quash an FIR when parties reach an amicable settlement and the aggrieved party does not wish to pursue the matter further.

Headnote:(A) Criminal Procedure Code, 1973 - Sections related to quashing of FIR - Petition for quashing filed on the basis of amicable settlement between parties - Respondent no.2 expressed unwillingness to prosecute - Court finds continuation of proceedings unnecessary. (Paras 1, 4, 8)

(B) Amicable Settlement - The court recognized the importance of settlements in criminal matters, where the aggrieved party has no objection to quashing of FIR. (Paras 5, 6)

Facts of the case:
The petitioner sought to quash FIR No.726/2020, claiming that disputes with respondent no.2 were settled amicably with a Memorandum of Understanding. Respondent no.2 confirmed this in court.

Findings of Court:
The court found that no useful purpose would be served in continuing proceedings against the petitioner and hence quashed the FIR.

Issues: Whether the FIR can be quashed based on the amicable settlement between the parties.

Ratio Decidendi: The court emphasized that it can quash an FIR when the parties have reached an amicable resolution, especially where the aggrieved party is unwilling to proceed.

Result: Petition allowed and FIR quashed.

Table of Content
1. parties settled their disputes amicably. (Para 1 , 4 , 5 , 6)
2. court inclined to quash fir due to settlement. (Para 7)
3. fir and proceedings quashed. (Para 8)
4. petition allowed and disposed of. (Para 9)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.726/2020 dated 18.12.2020, registered at PS - Shalimar Bagh, and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent no.2 in person and with the consent of counsel for parties, the present petition is taken up for final disposal.

4. 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.

5. Respondent No.2 is personally present in Court with learned counsel and she has been identified by SI Arun Kumar/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. Petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Memorandum of Understanding dated 26.03.2021.

7. 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.

8. For the reasons afore-recorded, FIR No.726/2020 dated 18.12.2020, registered at PS - Shalimar Bagh, and consequent proceedings emanating therefrom are quashed.

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

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