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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Pankaj Nayak - Appellant
Versus
State - Respondent
Crl.M.C. 1287 of 2021 & Crl.M.A. 6497 of 2021
Decided On : 22-04-2021




Quashing of FIR is permissible in cases of amicable settlement where no useful purpose would be served by continuing the proceedings.

Headnote:(A) Indian Penal Code, 1860 - Section 336 - Quashing of FIR - Petitioner seeks to quash FIR No. 112/2017 for causing harm through negligence - Respondent, a Cleaner, sustained injuries from electric current while performing duties - Settlement reached between parties, with compensation paid towards medical expenses - Court finds no purpose in continuing proceedings due to amicable resolution. (Paras 1, 5, 8, 9)

(B) Criminal Proceedings - Quashing of FIRs - When parties resolve disputes amicably and no useful purpose is served in continuation, the court may quash the FIR. (Paras 8, 9)

Facts of the case:
Respondent No.2 suffered minor injuries while cleaning grass on the road and received compensation from the petitioner. Respondent No.2 affirmed the amicable settlement, leading to the petitioner's request for quashing the FIR.

Findings of Court:
The court finds that the dispute is settled and no further legal action is required to serve any purpose.

Issues: Whether the FIR should be quashed in light of an amicable settlement between the parties.

Ratio Decidendi: The court ruled that in cases where the dispute is amicably resolved, and proceeding serves no useful purpose, the FIR may be quashed.

Result: Petition allowed, FIR quashed.

Table of Content
1. seeking to quash fir. (Para 1)
2. court's inclination to resolve matter. (Para 4 , 8)
3. details of injury and parties involved. (Para 5)
4. amicable settlement reached. (Para 6 , 7)
5. fir quashed and petition allowed. (Para 9 , 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide present petition, petitioner is seeking quashing of FIR No. 112/2017, under Section 336 IPC, registered at police station Jafarpur Kalan, Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. G.M. Farooqui, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that respondent No.2 is present through video conferencing and he has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The factual matrix of the case in brief are that on 27.06.2019, respondent No.2 who was working as Cleaner in Municipal Corporation of Delhi, Najafgarh Zone, Delhi, was cleaning grass on the road near Malakpur Mor and he happened to touch the pole and received electric current and sustained injuries. He was rushed to Rao Tula Ram Memorial Hospital, Jaffarpur, Delhi and was discharged on 29.06.2019. At the instance of respondent No.2, the FIR in question was registered against the petitioner, who was then working as SDO, Ujwa Sub Division and area incharge of BSES Rajdhani Power Limited.

6. Learned counsel for petitioner submits that the injury sustained by respondent No.2 was minor in nature. Further submitted that the subject matter of this FIR stands amicably resolved between petitioner and respondent No.2 and a sum of Rs.12,000/- has been given to respondent No.2 by the petitioner towards medical expenses.

7. Respondent No.2 present through video conferencing has affirmed the factum of amicable settlement with petitioner. He has affirmed the contents of his affidavit dated 05.04.2021 placed on record in support of this petition and submits that the proceedings arising out of FIR in question be brought to an end.

8. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

9. For the reasons afore noted, FIR No. 112/2017, under Section 336 IPC, registered at police station Jafarpur Kalan, Delhi and consequent proceedings emanating therefrom are hereby quashed.

10. The petition is accordingly allowed and disposed of. Pending application also stands disposed of.

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