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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Avnish Bansal - Appellant
Versus
State - Respondent
Crl.M.C. 998 of 2021
Decided On : 24-03-2021




The court established that an FIR can be quashed when parties amicably settle their disputes, provided there is no public interest in continuing the prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - FIR quashing - Petition to quash FIR No.110/2018 filed on grounds of amicable settlement between parties - Court noted that no useful purpose would be served in continuing prosecution given the settlement. (Paras 3, 6, 12, and 13)

(B) Compromise - Settled disputes cannot be prosecuted further if parties consent to dismissal of case. (Paras 8 and 10)

Facts of the case:
The petitioner's FIR was registered against him in 2018, which arose from a dispute between him and the respondents. They have subsequently settled the matter amicably and express no desire to continue with prosecution.

Findings of Court:
The Court found that the conditions for quashing the FIR were met due to the amicable settlement of disputes between parties.

Issues: The main issues included whether the settled disputes could lead to the quashing of FIR and the implications of public prosecution.

Ratio Decidendi: The Court held that when parties reach a compromise and no further prosecution is desired, it is reasonable to quash the FIR as it serves the interest of justice.

Result: FIR No.110/2018 and all related proceedings quashed.

Table of Content
1. filing petition for quashing fir based on settlement. (Para 3 , 6 , 8 , 9)
2. opposition to quashing due to public resources consumed. (Para 7)
3. court's discretion in quashing fir based on contributions. (Para 10 , 11 , 12)
4. final order to quash fir and dispose of the petition. (Para 13 , 14)

JUDGMENT (Oral)

CRL. M.A. 5076/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.998/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.110/2018 dated 28.04.2018, registered at PS - Rani Bagh (North West), and all other proceedings arising therefrom.

4. Notice issued.

5. 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.

6. The present petition is filed on the ground that parties have settled their disputes and respondent Nos. 2 and 3 have no objection if the present petition is allowed.

7. Learned APP has opposed the present petition by submitting that there are 2 accused in the present case and this petition is qua petitioner herein. He further submits that due to the registration of FIR, government machinery came in motion and a lot of precious public time has been consumed, therefore, if this Court is inclined to quash FIR, heavy cost may be imposed upon petitioner.

8. Respondent Nos.2 & 3 are personally present in Court with learned counsel and they have been identified by SI Ankit Man/IO and submits that matter has been settled and they do not wish to prosecute the matter any further.

9. Petitioner and respondent nos.2 & 3 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 25.10.2019.

10. At this stage, learned counsel for petitioner, on instructions from petitioner, who is present in Court, has come forward and agreed to contribute an amount of Rs.5,00,000/- for welfare purposes. Accordingly, petitioner is directed to pay this amount in the following manner:

(a) Petitioner is directed to pay an amount of Rs.1,00,000/- in favour of Delhi Police Martyrs Fund;

(b) He is again directed to pay an amount of Rs.2,00,000/- in favour of `Bharat ke Veer'.

(c) He is further directed to pay an amount of Rs.2,00,000/- in favour of the High Court of Delhi (Middle Income Group) Legal Aid Society.

11. Petitioner is directed to pay this amount within one week and receipt of the same shall be furnished to IO concerned.

12. 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.

13. For the reasons afore-recorded, FIR No.110/2018 dated 28.04.2018, registered at PS - Rani Bagh (North West), and consequent proceedings emanating therefrom are quashed.

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

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