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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Dinesh Chaudhary - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
Crl.M.C. 786 of 2021
Decided On : 20-04-2021




An amicable settlement between parties is a valid ground to quash an FIR when no useful purpose would be served in pursuing prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioner sought quashing of FIR No.204/2020 on the grounds of amicable settlement between parties, with respondent No.2 expressing no objection to the quashing. The court noted that no useful purpose would be served in further prosecution of the petitioner. (Paras 1, 5, 6)

(B) Criminal Law - Settlement of disputes - Parties having settled their disputes amicably is a valid ground for quashing FIR, as established in previous rulings. The presence of the power of attorney holder corroborates the amicable settlement.

Facts of the case:
The petitioner filed a petition to quash an FIR based on the assertion that disputes with the respondents had been amicably settled, with no objection to the petition being raised.

Findings of Court:
The court found merit in the petition and quashed the FIR, noting the resolution of disputes between the parties.

Issues: The court addressed whether the FIR could be quashed given that the parties had settled their disputes amicably.

Ratio Decidendi: The court concluded that the amicable settlement between the parties negated the necessity for prosecution, thereby justifying the quashing of the FIR.

Result: Petition allowed and FIR quashed.

Table of Content
1. parties settled their disputes amicably. (Para 1 , 2 , 3 , 4)
2. no prosecution serves no useful purpose. (Para 5)
3. court quashes fir based on settlement. (Para 6)
4. petition allowed per settlement terms. (Para 7 , 8)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.204/2020, registered at PS - Roop Nagar, Delhi and all other proceedings arising therefrom.

2. 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.

3. Respondent No.2 who is also power of attorney holder of respondent No.3 is personally present in Court through video conferencing with her counsel and she have been identified by SI Ranjit/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

4. Petitioners and respondent nos.2 and 3 have entered into an amicable settlement vide a Memorandum of Settlement-cum-Understanding dated 25.01.2021.

5. 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.

6. For the reasons afore-recorded, FIR No.204/2020, registered at PS - Roop Nagar, Delhi and consequent proceedings emanating therefrom are quashed qua the petitioner herein.

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

8. Parties shall abide by the terms and conditions of Memorandum of Settlement-cum-Understanding dated 25.01.2021.

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