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.
Vijay Kumar Miglani - Appellant
Versus
State (NCT of Delhi) - Respondent
W.P. (Crl.) 242 of 2021
Decided On : 19-05-2021




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.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioner sought quashing of FIR No.812/2020 on the grounds of parties having settled their disputes amicably, with no objection from the respondent for the petition being allowed. (Paras 1, 4, 5, 6, 8)

(B) Amicable Settlement - The presence of the respondent and their consent indicated that the settlement agreement dated 31.12.2020 precluded further prosecution. (Paras 5, 7)

Facts of the case:
Petitioner filed a petition to quash an FIR, based on an agreement between parties, with the respondent not wishing to pursue the matter further.

Findings of Court:
Taking into account the amicable settlement between the parties, the Court quashed the FIR and the related proceedings.

Issues: The main issue was whether the FIR should be quashed based on the amicable settlement between the parties.

Ratio Decidendi: The court concluded that prosecuting the petitioner would serve no useful purpose, emphasizing the significance of settled disputes in such contexts.

Result: Petition allowed.

Table of Content
1. parties settled their disputes. (Para 1 , 4 , 5 , 6)
2. notice issued and accepted by counsels. (Para 2 , 3)
3. court finds no purpose in prosecution. (Para 7)
4. fir quashed based on amicable settlement. (Para 8)
5. petition allowed and disposed of. (Para 9)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.812/2020, registered at PS - Mangolpuri, Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for respondent no.2 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 video conferencing with their counsel and she has been identified by SI Ramanuj/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. Petitioner and respondent no.2 have entered into an amicable settlement vide settlement agreement dated 31.12.2020.

7. 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.

8. For the reasons afore-recorded, FIR No.812/2020, registered at PS - Mangolpuri, Delhi, and consequent proceedings emanating therefrom are quashed.

9. The petition is, accordingly, allowed and 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