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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ajay Kumar - Appellant
Versus
State of NCT of Delhi - Respondent
Crl.M.C. 1212 of 2021
Decided On : 15-04-2021




Amicable settlements between parties provide a valid basis for quashing FIRs when further prosecution serves no useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Sections relevant to quashing FIRs - Petition to quash FIR No. 386/2015, noting that the parties have settled their disputes amicably and the complainant does not wish to proceed with the case. (Paras 3, 7, 9)

(B) Legal principle of amicable settlement - The court recognizes that where parties resolve their disputes, continuing prosecution would serve no useful purpose. (Para 10)

Facts of the case:
The petitioners sought to quash an FIR, with respondent no.2, present in court, claiming she does not wish to prosecute any further as they have settled their disputes through a notarized Memorandum of Understanding.

Findings of Court:
The court found merit in the petition as no useful purpose would be served in continuing the prosecution of the petitioners.

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

Ratio Decidendi: The court ruled that amicable settlement of disputes between the parties is a valid ground for quashing the FIR, thus avoiding unnecessary prosecution.

Result: FIR No. 386/2015 and all subsequent proceedings quashed.

Table of Content
1. order allowing petition and disposing case (Para 2 , 11)
2. fir quashing based on amicable settlement (Para 3 , 6 , 7 , 8)
3. court's inclination based on settled disputes (Para 9)
4. fir quashed due to lack of prosecution purpose (Para 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 6155/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1212/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.386/2015, registered at PS - Mandawali, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 present in Court through video conferencing and with the consent of counsel for parties, the present petition is taken up for final disposal.

6. 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.

7. Respondent no.2 is personally present in Court through video conferencing and she has been identified by learned counsel for petitioners and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioners and respondent no.2 have entered into an amicable settlement vide Memorandum of Understanding which was notarised on 09.04.2021.

9. 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.

10. For the reasons afore-recorded, FIR No.386/2015, registered at PS - Mandawali, Delhi and consequent proceedings emanating therefrom are quashed.

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

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