In cases of amicable settlement, a victim's non-objection to prosecution can justify quashing an FIR under Section 482 of the Code of Criminal Procedure.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioner sought quashing of FIR No.497/2020, alleging that the parties settled their disputes amicably; respondent No.2 expressed no objection to the petition being granted - Settlement amount of Rs.1,00,000/- was reached and partially paid. (Paras 1-9)

Facts of the case:
The petitioner filed a petition for quashing an FIR on grounds of amicable settlement between the parties. Respondent No.2, present in court, confirmed the settlement and expressed no desire to continue prosecution.

Findings of Court:
The Court found it appropriate to quash the FIR, noting that further prosecution would serve no useful purpose given the settlement.

Issues: The primary issue was whether to quash the FIR in light of the amicable settlement between the parties.

Ratio Decidendi: The court ruled that in cases where disputes are settled amicably, especially when the victim does not wish to pursue prosecution, the FIR can be quashed in the interest of justice.

Result: The petition was allowed and the FIR quashed.

Table of Content
1. settlement of disputes leading to quashing of fir (Para 1 , 4 , 5 , 6 , 7)
2. court's inclination to quash fir based on facts (Para 8)
3. quashing of fir due to lack of prosecution (Para 9)
4. final order allowing the petition (Para 10)

JUDGMENT (Oral)

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.497/2020 dated 15.11.2020, registered at PS - Kapashera, 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 with learned counsel and he has been identified by SI Vivak/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

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

7. The total settlement amount is Rs.1,00,000/- (Rupees One Lakh only). It is submitted that the respondent no. 2 has already received an amount of Rs.50,000/- (Rupees Fifty Thousand only). A demand draft bearing No.878744 dated 22.03.2021 drawn from Punjab National Bank for the balance amount of Rs.50,000/- (Rupees Fifty Thousand only) is handed over to the respondent no.2 today in the Court.

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

9. For the reasons afore-recorded, FIR No.497/2020 dated 15.11.2020, registered at PS - Kapashera, and consequent proceedings emanating therefrom are quashed.

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

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