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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Brij Mohan Garg - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
W.P.(Crl.) 869 of 2021
Decided On : 18-05-2021




The court ruled that an FIR can be quashed upon mutual settlement of disputes by the parties, emphasizing the role of amicable resolution in criminal matters.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Parties resolved their disputes through a Compromise Deed, leading to the request for quashing FIR No.105/2020 and all proceedings arising thereby - Respondents personally present confirmed no objection to quashing - Court found no useful purpose in further prosecution. (Paras 1-8)

(B) Amicable Settlement - The court considered the importance of amicable settlement in disputes, accentuating that misunderstanding as a cause of action is not sufficient for legal proceedings. (Paras 5-6)

Facts of the case:
The petitioners sought to quash an FIR on the grounds of a settlement reached with respondents, who confirmed their non-objection to the request during the video conference.

Findings of Court:
The court acknowledged the amicable settlement between the parties and deemed the continuation of prosecution unnecessary.

Issues: The major issue addressed was whether the FIR could be quashed based on an amicable settlement reached by the parties involved.

Ratio Decidendi: The court held that where parties amicably settle their differences, and no public interest is jeopardized, continuing prosecution serves no purpose.

Result: FIR No.105/2020 quashed and petition allowed.

Table of Content
1. settlement of disputes facilitates quashing of fir. (Para 1 , 4 , 5 , 6)
2. final order disposing of the petition. (Para 3 , 9)
3. quashing fir justified to avoid unnecessary prosecution. (Para 7)
4. orders to quash fir are based on settlement. (Para 8)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.105/2020 registered at PS-North Rohini, Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned ASC for State and by counsel for respondent nos.2 to 6 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 nos.2 to 6 have no objection if the present petition is allowed.

5. Respondent nos.2 to 6 are personally present in Court through video conferencing with their counsel and they have been identified by ASI Laltesh/IO and submit that matter has been settled as the issues in question arose on account of misunderstanding and they do not wish to prosecute the matter any further.

6. Petitioners and respondent nos.2 to 6 have entered into an amicable settlement vide a Compromise Deed dated 08.04.2021.

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.105/2020 registered at PS-North Rohini, Delhi and consequent proceedings emanating therefrom are quashed.

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

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