Satbir Singh vs State NCT of Delhi

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

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

Important Points

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.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Criminal Procedure Code, 1973 - Quashing of FIR - The petitioner sought to quash FIR No.129/2013 and all proceedings stemming from it, owing to a settlement reached between parties. - Both parties reconciled after marriage in 2002 and began living separately from January 2013, leading to a settlement on 13.11.2018, wherein all disputes were resolved amicably. (Paras 1, 4, 5, 7)

(B) Judicial Discretion - The court, in exercising its discretion, held that as the complainant did not wish to pursue the case any further, continuing the prosecution serves no useful purpose. (Paras 6, 8)

Findings of Court:
The FIR and all related proceedings are quashed, recognizing the amicable settlement between the parties as sufficient grounds for disposal.

Issues: The main issue was whether the FIR should be quashed based on the parties’ amicable resolution.

Ratio Decidendi: The court concluded that continuing the prosecution would serve no useful purpose after the parties reached a settlement.

Result: The petition is allowed, and the FIR is quashed.

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)

JUDGMENT (Oral)

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.