SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Nirmal - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
W.P. (Crl.) 1092 of 2021
Decided On : 04-06-2021




The court can quash an FIR if parties reach an amicable settlement and prosecution serves no useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petitioners seeking quashing of FIR No.510/2019 due to settlement of disputes - Respondent no.2 does not wish to prosecute further; court inclined to quash FIR as no useful purpose would be served in prosecution (Paras 5, 11, 12).

(B) Amicable settlement - The court acknowledges the amicable settlement between parties as a basis for quashing the FIR (Paras 10, 12).

Facts of the case:
The petition was filed seeking direction for quashing FIR No.510/2019, as the parties have settled disputes and the respondent has no objection to this petition.

Findings of Court:
The court quashed the FIR and proceedings emanating therefrom based on the amicable settlement between the parties.

Issues: The main issue was whether the FIR could be quashed based on the settlement between the parties.

Ratio Decidendi: The court determined that as the parties have entered into an amicable settlement, continuing with the prosecution would serve no useful purpose.

Result: FIR No.510/2019 is quashed.

Table of Content
1. dispute settled; fir quashing requested. (Para 5 , 8 , 9 , 10)
2. no useful purpose in prosecution. (Para 11)
3. fir quashed based on lack of purpose. (Para 12)
4. petition allowed and disposed. (Para 13)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 8888/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL. M.A. 8889/2021 (exemption)

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

4. Application is disposed of.

W.P.(CRL) 1092/2021

5. Vide the present writ petition, petitioners seek direction thereby for quashing of FIR No.510/2019, registered at PS - Sector 23, Dwarka, 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 who appeared 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 no.2 have no objection if the present petition is allowed.

9. Respondent no.2 is personally present in Court through video conferencing and she has been identified by learned counsel for respondent No.2 and she submits that matter has been settled and she does not wish to prosecute the matter any further.

10. Petitioners and respondent no.2 has entered into an amicable settlement vide Memorandum of Understanding dated 13.04.2021.

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.510/2019, registered at PS - Sector 23, Dwarka, Delhi and consequent proceedings emanating therefrom are quashed.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top