Mohan Singh Chamola vs State

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Mohan Singh Chamola - Appellant
Versus
State - Respondent
Crl.M.C. 1411 of 2021
Decided On : 04-06-2021

Important Points

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.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Criminal Procedure Code, 1973 - Quashing of FIR - The petitioner sought quashing of FIR No.204/2020 based on settlement of disputes by the parties involved and non-objection from respondents 2 and 3 - Respondents 2 and 3 expressed their non-willingness to prosecute the matter further - The Court acknowledged the settlement before the Mediation and Conciliation Centre, deeming continuation of proceedings unnecessary. (Paras 5, 10, 12)

(B) The High Court affirmed the importance of amicable settlements in criminal cases and the necessity to prioritize substantive justice over procedural technicalities. (Paras 11, 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 8949/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL. M.A. 8950-51/2021 (exemption)

3. Applications are allowed with direction to file attested affidavit within four weeks of courts resuming normal functioning.

4. Applications are disposed of.

CRL.M.C.1411/2021

5. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.204/2020, registered at PS - Roop Nagar, Delhi and all other proceedings arising therefrom.

6. Notice issued.

7. Notice is accepted by learned APP for State and by counsel for respondent no.2 and respondent no.3 in person through video conferencing and with the consent of counsel for parties, the present petition is taken up for final disposal.

8. The present petition is filed on the ground that parties have settled their disputes and respondent nos.2 and 3 have no objection if the present petition is allowed.

9. Respondent nos.2 and 3 are personally present in Court through video conferencing and they have been identified by IO SI Ranjeet and submits that matter has been settled and they do not wish to prosecute the matter any further.

10. Petitioner and respondent nos.2 and 3 have entered into an amicable settlement before the Delhi High Court Mediation and Conciliation Centre vide settlement deed dated 31.05.2021.

11. 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.

12. For the reasons afore-recorded, FIR No.204/2020, registered at PS - Roop Nagar, Delhi and consequent proceedings emanating therefrom are quashed qua the petitioner herein.

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