Maninder Singh vs State NCT of Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Maninder Singh - Appellant
Versus
State NCT of Delhi - Respondent
W.P. (Crl.) 453 of 2021
Decided On : 24-05-2021

Important Points

The court retains the authority to quash an FIR when parties have amicably settled their disputes, preventing the abuse of the judicial process.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Sections 482 - Quashing of FIR - Petition for quashing FIR filed on the grounds of amicable settlement between the parties - Respondent No.2, present in Court, affirms settlement and willingness to not prosecute - Court finds effective resolution of disputes warrants quashing of FIR. (Paras 1, 4, 6, 7, 8)

(B) The power to quash FIR under Section 482 is guided by the necessity to prevent abuse of process and uphold justice. (Para 8)

Facts of the case:
The petitioner seeks quashing of FIR No.345/2014, stating that disputes with respondent No.2 have been settled amicably with a deed dated 03.01.2021. Respondent No.2 expresses no objection to the petition.

Findings of Court:
The Court agrees to quash the FIR, ruling that no useful purpose would be served in continuing prosecution.

Issues: The main issue is whether the settlement between the parties warrants quashing of the FIR.

Ratio Decidendi: The court held that in light of the amicable settlement and respondent's consent not to pursue prosecution, quashing is appropriate to prevent an abuse of legal process.

Result: Petition allowed and FIR quashed.

Table of Content
1. filing of petition based on settlement. (Para 1 , 4 , 6)
2. respondent does not wish to pursue further. (Para 5)
3. court's inclination to quash fir. (Para 7)
4. quashing of fir based on no useful purpose. (Para 8)
5. final disposal of the petition. (Para 9)

JUDGMENT (Oral)

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.345/2014 dated 18.04.2014, registered at PS - K.N. Katju Marg, and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned ASC 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 with learned counsel and he has been identified by SI Anil Kumar/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

6. Petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 03.01.2021 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 petitioner any further.

8. For the reasons afore-recorded, FIR No.345/2014 dated 18.04.2014, registered at PS - K.N. Katju Marg and consequent proceedings emanating therefrom are quashed.

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