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DELHI HIGH COURT
SURESH KUMAR KAIT
Pankaj Nayak – Appellant
Versus
State – Respondent
| 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) |
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 t
Quashing of FIR is permissible in cases of amicable settlement where no useful purpose would be served by continuing the proceedings.
Point of Law : Quash of FIR - Minor injuries - Settlement of dispute - No useful purpose would be served in continuing withthe proceedings arising out of the present FIR.
Amicable resolution of disputes can justify the quashing of FIRs when all parties involved affirm the terms of settlement, rendering further legal proceedings unnecessary.
The court may quash an FIR when the parties have resolved their disputes amicably, negating any purpose for prosecution.
The court held that amicable resolution of civil disputes justifies quashing of related criminal proceedings.
Resolution of disputes outside court can justify quashing FIRs when complainants express no intention to prosecute further.
A quashing of FIR is permissible when parties have amicably resolved their dispute, promoting justice and restoring harmony.
An FIR can be quashed when parties amicably resolve their dispute and the complainant expresses a wish to withdraw, reinforced by imposed costs as a deterrent for future offenses.
Amicable resolution between parties via Memorandum of Understanding justifies quashing of FIR under IPC, as further prosecution serves no purpose.
The court can quash an FIR and consequent proceedings if the dispute between the parties has been amicably resolved and continuing with the proceedings would serve no useful purpose.
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