IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Lokesh Kumar Sagu - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
Crl.M.C. 1155 of 2021
Decided On : 17-05-2021
| Table of Content |
|---|
| 1. petition for quashing based on settlement. (Para 1 , 4 , 5 , 6) |
| 2. notice and consent for petition disposal. (Para 2 , 3) |
| 3. court's inclination to quash fir. (Para 7) |
| 4. fir quashed as per court's reasoning. (Para 8) |
| 5. petition allowed and disposed. (Para 9) |
1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.47/2015 dated 18.01.2015, registered at PS - Gandhi Nagar, and all other proceedings arising therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for State and by respondent no.2 through VC and with the consent of counsel for parties, the present petition is taken up for final disposal.
4. 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.
5. Respondent No.2 is personally present in Court through VC and he has been identified by SI Sunit/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.
6. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 20.04.2019 and settled all their disputes amicably.
7. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.
8. For the reasons afore-recorded, FIR No.47/2015 dated 18.01.2015, registered at PS - Gandhi Nagar and consequent proceedings emanating therefrom are quashed.
9. The petition is, accordingly, allowed and disposed of.
The central legal point established in the judgment is that the court has the discretion to quash FIR and consequent proceedings if the parties have settled their disputes and no useful purpose would....
Amicable settlement between parties can serve as the basis for quashing an FIR, as continuation of prosecution serves no useful purpose.
The court retains the authority to quash an FIR when parties have amicably settled their disputes, preventing the abuse of the judicial process.
When disputes between parties are amicably settled, and the aggrieved party consents, criminal proceedings may be quashed for lack of utility.
FIR can be quashed when parties reach an amicable settlement and no further prosecution is warranted.
A court can quash an FIR if the parties have amicably settled their disputes and no useful purpose would be served by continuing with the prosecution.
In cases of amicable settlement, a victim's non-objection to prosecution can justify quashing an FIR under Section 482 of the Code of Criminal Procedure.
Court can quash FIR when parties amicably settle disputes, confirming that further prosecution serves no useful purpose.
Amicable settlements in criminal matters can lead to the quashing of FIRs if all parties consent and further prosecution serves no useful purpose.
Amicable settlements between parties can justify the quashing of an FIR when prosecution serves no useful purpose.
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