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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Bijender Lakra - Appellant
Versus
State - Respondent
W.P. (Crl.) 1186 of 2021
Decided On : 07-07-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Legal Principles - A compromise between parties and the complainant's wish not to pursue the FIR indicates no useful purpose in continuing prosecution. (Paras 6, 7)
Facts of the case:
Petitioners married as per Hindu rites but faced incompatibilities leading to separation. They reached an amicable compromise to settle disputes. (Paras 4, 5)
Findings of Court:
The Court found that no useful purpose would be served by continuing prosecution against petitioners. (Paras 7, 8)
Issues: The key issue was whether the FIR and subsequent proceedings should be quashed considering the amicable settlement and express wishes of the complainant. (Paras 1, 6)
Ratio Decidendi: The court emphasized that when parties reach a settlement and the complainant does not wish to pursue charges, the FIR can be quashed as no public interest would be served. (Paras 7, 8)
Result: Petition allowed; FIR quashed.
| Table of Content |
|---|
| 1. filing of petition and acceptance of notice (Para 1 , 2 , 3) |
| 2. amicable settlement between parties (Para 4 , 5 , 6) |
| 3. quashing of fir due to no further prosecution benefit (Para 7 , 8) |
| 4. final disposal of the petition (Para 9) |
JUDGMENT (Oral)
The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioners seek direction for quashing of FIR No.470/2021 dated 13.05.2021 registered at Police Station Nihal Vihar and consequent proceedings arising therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, present petition is taken up for final disposal.
4. Petitioner no.1 and respondent no.2 got married on 05.09.2009 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.
5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed dated 09.06.2021 and settled all their disputes amicably.
6. Complainant/respondent no.2 is present in person and has been identified by ASI Malkhan Singh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.
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.470/2021 dated 13.05.2021 registered at Police Station Nihal Vihar and consequent proceedings emanating therefrom are quashed.
9. The petition is, accordingly, allowed and disposed of.
