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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Marko Roshan - Appellant
Versus
State - Respondent
W.P. (Crl.) 1082 of 2021
Decided On : 03-06-2021
| Table of Content |
|---|
| 1. court proceeds based on amicable settlement. (Para 1 , 5 , 11) |
| 2. petition is allowed and disposed of. (Para 2 , 4 , 7 , 13) |
| 3. parties have settled and seek quashing of fir. (Para 3 , 6 , 8) |
| 4. state opposes quashing; suggests cost for quashing. (Para 9 , 10) |
| 5. fir quashed based on settlement. (Para 12) |
The hearing has been conducted through video conferencing.
CRL. M.A.8776/2021 (exemption)
1. Application is allowed with direction to file attested affidavit within four weeks of courts resuming normal functioning.
2. Application is disposed of.
W.P.(CRL) 1082/2021
3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.0814/2016, registered at PS - Dabri, Delhi and all other proceedings arising therefrom.
4. Notice issued.
5. 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.
6. 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.
7. Respondent no.2 is personally present in Court through video conferencing with her counsel and she has been identified by ASI Ombir Singh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.
8. Petitioners and respondent no.2 have entered into an amicable settlement vide Deed of Settlement/Memorandum of Understanding dated 02.02.2021.
9. Learned counsel for respondent no.1/State has opposed the present petition and submits that due to the registration of FIR, government machinery came in motion and a lot of precious public time has been consumed, therefore, if this Court is inclined to quash FIR, heavy cost may be imposed upon petitioners.
10. Learned counsel for petitioners, on instructions, who are present in Court through video conferencing, has come forward and agreed to pay an additional amount of Rs.2,00,000/-. Accordingly, petitioner no.1 is directed to pay the said amount by way of DD in favour of respondent no.2 within two weeks and receipt of the same shall be furnished to IO concerned.
11. 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.
12. For the reasons afore-recorded, FIR No.0814/2016, registered at PS - Dabri, Delhi and consequent proceedings emanating therefrom are quashed.
13. The petition is, accordingly, allowed and disposed of.
Amicable settlements between parties may justify the quashing of FIRs when all parties agree, negating the necessity for continued prosecution.
The court can quash an FIR if parties reach an amicable settlement and prosecution serves no useful purpose.
The High Court can quash an FIR when parties have amicably settled their disputes and the complainants express a desire not to proceed with prosecution.
The court validated the quashing of an FIR based on the parties' amicable settlement, indicating that prosecution lacks utility when disputes are resolved.
Amicable settlements between parties can lead to the quashing of FIRs when further prosecution serves no useful purpose.
Quashing of an FIR is warranted when parties have settled their disputes and the victim does not wish to prosecute further.
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.
The court can quash an FIR if the parties involved amicably resolve their disputes, resulting in no beneficial purpose in continuing the prosecution.
The court may quash an FIR when the parties amicably settle their disputes, affirming the principle that prosecution continues only when necessary.
The court has the authority to quash an FIR when parties reach an amicable settlement and do not wish to pursue prosecution, ensuring judicial efficiency.
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