Ram Vilas @ Monu vs State NCT of Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ram Vilas @ Monu - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 1014 of 2021
Decided On : 15-04-2021

Important Points

When disputes between parties are amicably settled, and the aggrieved party consents, criminal proceedings may be quashed for lack of utility.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petitioner sought quashing of FIR No. 55/2017, stating that parties have settled their disputes and the respondent has no objection - Respondent present in court, confirms settlement and non-prosecution - Court finds that further prosecution serves no useful purpose. (Paras 1-8)

(B) Amicable Settlement - The court affirms the principle that when parties achieve a settlement and there is no objection from the aggrieved party, criminal proceedings may be quashed. (Paras 4-7)

Facts of the case:
The petitioner sought quashing of FIR for a dispute previously settled, with the aggrieved party present in court indicating her non-objection to the quashing.

Findings of Court:
The court quashed the FIR as continuation of prosecution was deemed purposeless.

Issues: The main issue addressed was whether the amicable settlement warranted quashing of the FIR.

Ratio Decidendi: The court held that the amicable settlement between the parties, with the respondent's consent to quash, justified the termination of proceedings.

Result: Petition allowed and FIR quashed.

Table of Content
1. settled disputes between parties. (Para 1 , 4 , 5 , 6)
2. court decision to quash fir based on settlement. (Para 7)
3. quashing of fir and proceedings. (Para 8)
4. petition allowed and disposed. (Para 9)

JUDGMENT (Oral)

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 55/2017 dated 21.02.2017, registered at PS - Nangloi, and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by 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 with learned counsel and she has been identified by SI Sunder Saini/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. Petitioners and respondent no.2 have entered into an amicable settlement vide compromise deed dated 01.02.2021.

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. 55/2017 dated 21.02.2017, registered at PS - Nangloi, and consequent proceedings emanating therefrom are quashed.

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