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
| 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) |
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.
The court held that amicable resolution of civil disputes justifies quashing of related criminal proceedings.
The court may quash an FIR when the parties have resolved their disputes amicably, negating any purpose for prosecution.
A quashing of FIR is permissible when parties have amicably resolved their dispute, promoting justice and restoring harmony.
Amicable resolution of a dispute between parties, affirmed by the complainant, can lead to the quashing of an FIR under Section 482 of the Code of Criminal Procedure.
Amicable settlement between parties allows for quashing of FIR if no useful purpose is served in prosecution.
The amicable resolution between the parties through a Compromise Deed can be a valid ground for quashing FIR and consequent proceedings.
Amicable settlements between parties may warrant the quashing of FIRs when no further prosecution is desired, underscoring the judicial support for resolving disputes outside court.
Amicable settlements between parties can warrant quashing an FIR, prioritizing judicial efficiency when no further prosecution is deemed necessary.
Resolution of disputes outside court can justify quashing FIRs when complainants express no intention to prosecute further.
The court emphasized the importance of amicable resolution of disputes among neighbours, stating that legal proceedings should not continue when settled mutually.
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