Ankit Tomar vs State of NCT of Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ankit Tomar - Appellant
Versus
State of NCT of Delhi - Respondent
Crl.M.C. 1121 of 2021
Decided On : 30-04-2021

Important Points

Amicable settlement between parties allows for quashing of FIR if no useful purpose is served in prosecution.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Quashing of FIR - The petition seeks to quash FIR No.0107/2021 on grounds of amicable settlement between the parties. Respondent expresses no objection to the quashing of the FIR as the matter has been conclusively settled. Court finds no useful purpose in further prosecution. (Paras 1, 3-6)

(B) Settlement of disputes - Where parties have amicably resolved their differences, the court may exercise discretion to quash FIR, ensuring that the interests of justice are served without unnecessary legal proceedings. (Paras 4, 6)

Facts of the case:
The petitioner filed for quashing the FIR based on a settlement with the respondent, who confirmed having no objection to the request during the hearing.

Findings of Court:
Given the amicable settlement, no further prosecution would serve any useful purpose, thereby warranting the quashing of the FIR and related proceedings.

Issues: The court addressed whether the FIR should be quashed given the parties' settlement and respondent's lack of objection.

Ratio Decidendi: The court concluded that prosecution should not continue when the parties have settled their dispute amicably, indicating judicial discretion in such matters.

Result: The FIR and all related proceedings are quashed.

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.0107/2021, registered at PS - Mayur Vihar Phase-I, Delhi and all other proceedings arising therefrom.

2. Respondent No.2 appears in person through video conferencing.

3. 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.

4. Respondent No.2 is present in Court through video conferencing with her counsel and she has been identified by SI Shubhangi/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

5. Petitioner and respondent No.2 have entered into an amicable settlement vide Compromise Deed dated 26.03.2021.

6. 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.

7. For the reasons afore-recorded, FIR No.0107/2021, registered at PS - Mayur Vihar Phase-I, Delhi and consequent proceedings emanating therefrom are quashed.

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