Pawan Kumar Jain vs Government of NCT of Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Pawan Kumar Jain - Appellant
Versus
Government of NCT of Delhi - Respondent
Crl.M.C. 1138 of 2021
Decided On : 09-04-2021

Important Points

The High Court possesses the inherent power to quash FIRs when the parties have settled their disputes amicably and continuation of prosecution serves no useful purpose.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petition for quashing of FIR No.142/2020 based on amicable settlement between parties - Court finds no useful purpose in continuing prosecution as disputes settled - Respondent present and does not wish to pursue the matter further - Petition allowed on grounds of mutual consent and settlement. (Paras 1, 5, 7, 8)

(B) Jurisdiction - Powers under Section 482 - High Court has inherent powers to quash FIR if no purpose served in prosecution and matter has been settled amicably. (Paras 8, 9)

Table of Content
1. settlement of disputes leading to quashing of fir. (Para 1 , 4 , 5 , 6)
2. court's inclination based on settlement. (Para 3 , 7)
3. quashing of the fir and proceedings. (Para 8)
4. petition allowed, steps to release funds. (Para 9 , 10)

JUDGMENT (Oral)

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.142/2020 dated 26.06.2020, registered at PS - Jaffarpur Kalan, Dwarka and all other proceedings arising therefrom.

2. Notice issued.

3. 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.

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 and he has been identified by SI Abhishek Singh/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

6. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 12.03.2021.

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

8. For the reasons afore-recorded, FIR No.142/2020 dated 26.06.2020, registered at PS - Jaffarpur Kalan, Dwarka and consequent proceedings emanating therefrom are quashed.

9. Since the present FIR has been quashed, therefore, petitioners are at liberty to take steps for getting the amount of Rs.1,95,00,000/- released from the trial court which was deposited in compliance of order dated 11.09.2020 at the time of anticipatory bail in the form of FDR.

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