Shiv Kumar vs State

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Shiv Kumar - Appellant
Versus
State - Respondent
Crl.M.C. 884 of 2021
Decided On : 28-05-2021

Important Points

A court has the authority to quash an FIR when parties have reached an amicable settlement and continuation of prosecution serves no useful purpose.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioner seeks quashing of FIR No.1202/2020, registered at PS - Bindapur, on grounds of an amicable settlement between parties - Respondent No.2 present in court, identified by IO, states no objection to quashing - Amicable settlement deed dated 26.02.2021 submitted - Court decides to quash FIR as continuation of prosecution would not serve any useful purpose. (Paras 1-8)

(B) Quashing powers of the court - The court can quash an FIR if parties have settled the matter amicably and no further prosecution is desired by the complainant. (Paragraph 7)

Table of Content
1. parties settled their disputes amicably. (Para 1 , 4 , 5 , 6)
2. final disposal and allowance of the petition. (Para 2 , 9)
3. court's inclination to quash fir. (Para 3 , 7)
4. fir quashed for lack of purpose in prosecution. (Para 8)

JUDGMENT (Oral)

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.1202/2020 dated 18.12.2020, registered at PS - Bindapur, and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by 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 and she has been identified by SI Kunal Kumar/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 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 26.02.2021 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 petitioners any further.

8. For the reasons afore-recorded, FIR No.1202/2020 dated 18.12.2020, registered at PS - Bindapur and consequent proceedings emanating therefrom are quashed.

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