SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Akash Sharma - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
Crl.M.C. 1170 of 2021
Decided On : 11-05-2021




The court held that amicable resolution of civil disputes justifies quashing of related criminal proceedings.

Headnote:(A) Indian Penal Code, 1860 - Sections 380, 448, 468, 471, 120B - Quashing of FIR - Petitioners sought quashing of FIR regarding property dispute, which had been resolved amicably between the parties, confirmed by the complainant. As no further purpose served, proceedings quashed. (Paras 2, 8)

(B) Civil Nature of Dispute - The court recognized that the disputes were essentially civil in nature despite leading to criminal proceedings. (Paras 5, 7)

Facts of the case:
Petitioners sought to quash FIR No. 222/2013 concerning property disputes that were amicably settled between parties with a Compromise/Settlement Deed dated 23.03.2021.

Findings of Court:
The court found that the FIR and related proceedings serve no useful purpose due to amicable resolution of the matter.

Issues: The primary issue was whether to quash the FIR based on the amicable settlement of a civil dispute.

Ratio Decidendi: The court determined that where disputes are resolved amicably between the parties, there is no justification for continuing criminal proceedings arising from civil disputes.

Result: FIR quashed and proceedings disposed of.

Table of Content
1. quashing of fir based on amicable settlement (Para 1 , 2)
2. court's recognition of dispute resolution (Para 3 , 7)
3. final order to dispose of petition (Para 4 , 9)
4. confirmation of compromise by complainant (Para 5 , 6)
5. fir quashed due to settlement (Para 8)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide present petition, petitioners are seeking quashing of FIR No. 222/2013, which was initially registered for the offences under Sections 380/448/420/34 IPC at police station Farsh Bazar, Delhi but charge sheet in the said FIR has been filed for the offences under Sections 380/448/468/471/120B/34 IPC.

2. Quashing of the FIR in question has been sought on the ground that the dispute pertaining to property No. 4/2675-A, Gali No.6, Bihari Colony, Shahdara, between petitioners and respondent No.2, which led to registration of FIR in question and also various other litigations, has been amicably resolved between the parties.

3. Notice issued.

4. Mr. Kamal Kumar Ghei, 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.

5. Learned counsel for petitioners submits that the dispute inter se parties is essentially civil in nature however, has led to initiation of multiple legal proceedings. He further states that parties have amicably resolved their dispute in terms of Compromise/Settlement Deed dated 23.03.2021 and have agreed to withdraw all the cases pending against each other.

6. Respondent No.2, who is the complainant of this FIR and is present through video conferencing, has confirmed the factum of settlement reached with petitioners in terms of afore-noted Compromise/Settlement Deed dated 23.03.2021, He has also affirmed the contents of his affidavit dated 01.04.2021 filed in support of this petition.

7. Keeping in view that the subject matter of this FIR stands amicably resolved between the parties, this Court finds that no useful purpose would be served in continuing with the proceedings arising out of FIR in question.

8. Accordingly, FIR No. 222/2013, registered at police station Farsh Bazar, Delhi and proceedings emanating therefrom are hereby quashed.

9. The above captioned petition is accordingly disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top