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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Manish Aggarwal - Appellant
Versus
State of NCT Delhi - Respondent
Crl.M.C. 1166 of 2021
Decided On : 21-05-2021




A FIR can be quashed where the parties reach an amicable settlement and the complainant does not wish to prosecute further.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections relevant to quashing of FIR - The petitioners sought quashing of FIR No.362/2018 on the basis of amicable settlement reached between the parties. The court emphasized that proceedings could be quashed where no useful purpose would be served in prosecution. (Paras 1, 4, 7)

Facts of the case:
The petitioners filed a petition to quash an FIR, having established an amicable settlement with the respondent, who confirmed her willingness not to prosecute further upon receiving a balance payment of Rs.1 lac. (Paras 4, 5, 6)

Findings of Court:
The court found it appropriate to quash the FIR and proceedings due to the settled nature of the dispute, thereby rendering further prosecution unnecessary. (Para 8)

Issues: The main issues addressed were the settlement of disputes between the parties and the appropriateness of quashing the FIR based on the settlement.

Ratio Decidendi: The court ruled that if parties settle their disputes and the aggrieved party does not wish to proceed with the matter, the FIR may be quashed as further prosecution serves no purpose. (Para 8)

Result: FIR No.362/2018 and the proceedings arising from it are quashed, subject to payment of Rs.1 lac.

Table of Content
1. amicable settlement leads to quashing of fir. (Para 1 , 4 , 5 , 6)
2. court's inclination based on settled disputes. (Para 7)
3. fir quashed with conditions attached. (Para 8)
4. petition allowed and disposed of. (Para 9)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.362/2018, registered at PS - Subzi Mandi, 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 subject to payment of balance amount of Rs.1 lac to her by petitioners in terms of the settlement arrived at between the parties.

5. Respondent no.2 is personally present in Court through video conferencing with her counsel and she has been identified by WSI Rachna/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. Petitioners and respondent no.2 have entered into an amicable settlement vide settlement deed dated 22.10.2019 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi.

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.362/2018, registered at PS - Subzi Mandi, Delhi and consequent proceedings emanating therefrom are quashed subject to payment of balance amount of Rs.1 lac to respondent no.2 through IO by the petitioners within one week.

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

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