Dev Raj Kumar vs State

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Dev Raj Kumar - Appellant
Versus
State - Respondent
Crl. M.C. 310 of 2021
Decided On : 20-05-2021

Important Points

Amicable settlements between parties can warrant quashing an FIR, prioritizing judicial efficiency when no further prosecution is deemed necessary.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioner sought direction to quash FIR No.173/2019, stating that subsequent to the filing, the parties have amicably settled their disputes. Respondent no.2 expressed no objection to the quashing, reinforcing the non-utility of further prosecution. (Paras 1-6)

(B) Settlements - The presence of respondent no.2 and his identification by the investigating officer corroborated the amicable settlement, warranting the quashing of FIR for judicial economy. (Para 4)

Facts of the case:
FIR No.173/2019 was registered following a dispute between the petitioner and respondent no.2, who subsequently settled the issue through a deed dated 20.10.2020.

Findings of Court:
Given the amicable settlement, pursuing prosecution would not serve any useful purpose.

Issues: The main issues addressed by the court were the validity and implications of the amicable settlement between the parties.

Ratio Decidendi: The court determined that since the parties settled their disputes and the complainant did not wish to proceed, the FIR should be quashed, prioritizing judicial efficiency.

Result: Petition allowed and FIR quashed.

Table of Content
1. grounds for quashing fir due to settlement (Para 1 , 2 , 3 , 4)
2. court's reasoning for quashing fir (Para 5)
3. conclusion and disposal of the petition (Para 6 , 7)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.173/2019, registered at PS - Rajinder Nagar, Delhi and all other proceedings arising therefrom.

2. 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.

3. Respondent no.2 is personally present in Court through video conferencing and he has been identified by SI Narian Ojha/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

4. Petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 20.10.2020.

5. 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.

6. For the reasons afore-recorded, FIR No.173/2019, registered at PS - Rajinder Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

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