An FIR can be quashed if the parties reach an amicable settlement and the prosecution serves no useful purpose.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners seek quashing of FIR No.566/2020, as parties have settled their disputes - Respondent has no objection to petition being allowed - Given the amicable settlement, the Court quashes the FIR for lack of purpose in prosecution. (Paras 4, 6, 10, 12)

(B) Quashing of FIR - The Court can quash an FIR when the parties have reached a settlement and the prosecution is no longer necessary. (Paragraph 9)

Facts of the case:
Petitioners sought to quash an FIR registered at PS - Okhla Industrial Area, Delhi, on the grounds of a settlement between them and the respondent, who confirmed no objection to the quashing. (Paragraph 6)

Findings of Court:
The Court found that continuing with the prosecution would serve no useful purpose given the amicable settlement between the parties. (Paragraph 10)

Issues: The main issue was whether to quash the FIR based on the parties' mutual settlement. (Paragraph 9)

Ratio Decidendi: The court held that an FIR can be quashed when the matter is settled amicably and the parties express no desire to proceed with prosecution. (Paragraphs 10, 12)

Result: FIR No.566/2020 quashed and proceedings disposed of accordingly.

Table of Content
1. final order and disposal of petition (Para 1 , 2 , 12)
2. fir quashing based on settlement (Para 3 , 6 , 8)
3. notice and acceptance of settlement (Para 5 , 7)
4. court's inclination based on facts (Para 9)
5. quashing fir and releasing funds (Para 10 , 11)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 9012/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1418/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.566/2020, registered at PS - Okhla Industrial Area, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by AR of respondent no.2 who appeared in person through video conferencing 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. AR of respondent no.2 is personally present in Court through video conferencing and he has been identified by IO SI Prateek Saxena and submits that matter has been settled and he does not wish to prosecute the matter any further.

8. Petitioners and respondent no.2 have entered into an amicable settlement vide a Memorandum of Settlement dated 28.05.2021.

9. 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.

10. For the reasons afore-recorded, FIR No.566/2020, registered at PS - Okhla Industrial Area, Delhi and consequent proceedings emanating therefrom are quashed.

11. In view of the aforesaid settlement arrived at between the parties, the Trial Court is directed to release the amount of Rs.18 lacs with interest accrued thereon, if any, in favour of respondent no.2 which was deposited by the petitioner no.1.

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

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