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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Satbir Singh - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 1146 of 2021
Decided On : 09-04-2021
| Table of Content |
|---|
| 1. petition for quashing fir initiated. (Para 1 , 2 , 3) |
| 2. parties reached an amicable settlement. (Para 4 , 5 , 6) |
| 3. court considers prosecution unnecessary. (Para 7) |
| 4. fir quashed based on settlement. (Para 8) |
| 5. final order: petition allowed. (Para 9) |
The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.129/2013 dated 10.04.2013, registered at PS - Khyala, 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. Petitioner no.1 and respondent no.2 got married on 05.05.2002 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 18.01.2013.
5. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 13.11.2018 and settled all their disputes amicably.
6. Complainant is present in person and has been identified by SI Gursewak Singh/IO of the present case and submits that matter has been settled and she does not wish to prosecute the matter any further.
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.129/2013 dated 10.04.2013, registered at PS - Khyala, and consequent proceedings emanating therefrom are quashed.
9. The petition is, accordingly, allowed and disposed of.
The court affirmed that an amicable settlement between parties can justify the quashing of an FIR, especially when the complainant does not wish to pursue the case.
An FIR can be quashed when parties have settled their disputes amicably and there is no intention to prosecute, reflecting the principle of serving justice without unnecessary legal proceedings.
The court can quash FIR and consequent proceedings in a matrimonial dispute if the parties have entered into an amicable settlement and the complainant is unwilling to prosecute the matter further.
The court ruled that mutual consent and amicable settlement between parties can justify quashing an FIR when prosecution serves no useful purpose.
An FIR can be quashed if the parties amicably settle their disputes and the complainant no longer wishes to proceed with prosecution.
A settled dispute between parties, coupled with the complainant's wish not to pursue charges, justifies quashing of the FIR to serve no public interest.
Amicable settlements between parties can lead to quashing of FIRs in criminal matters when continuation of prosecution serves no useful purpose.
Court quashed FIR based on amicable settlement between parties and no desire to pursue prosecution further.
In cases of personal disputes resolved amicably, continuing prosecutions serve no purpose, allowing for the quashing of FIRs under Section 482 of the Code of Criminal Procedure.
A complainant's desire to not prosecute a matter, coupled with an amicable settlement, warrants quashing of the FIR to prevent unnecessary prosecution.
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