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SURESH KUMAR KAIT
Bhanwar Singh – Appellant
Versus
State – Respondent
JUDGMENT
Suresh Kumar Kait, J. - Petitioner is seeking quashing of FIR No. 97/2019, under Sections 288/304A IPC, registered at police station Madan Garhi, Delhi on the basis of Memorandum of Settlement dated 14.04.2021 reached with respondent No.2, who is the complainant of FIR in question.
2. The FIR in question pertains to an accident which took place on 23.04.2019 at the house of petitioner, where construction work was going on and husband of respondent No.2 was working as Mason. He accidently fell down from the third floor of the under-construction house of petitioner and died on the spot,.
3. Learned counsel for petitioner submits that the incident in question was purely accidental and after registration of FIR at the instance of respondent No.2, a claim petition was filed by her before Authority Under Employees Compensation, New Delhi against the petitioner. Thereafter, Memorandum of Settlement dated 14.04.2021 was reached between petitioner and respondent No.2, wherein petitioner has agreed to pay a sum of Rs.8,00,000/- to respondent No.2. Further submitted that the terms of aforesaid settlement have been fully complied with and in view thereof, the present petition be allowed.
The court can exercise inherent jurisdiction to quash criminal proceedings when parties have settled the dispute and the continuation of the proceedings would cause oppression and prejudice.
Criminal proceedings can be quashed when there is a civil element involved, and both parties have reached a settlement, particularly in cases of accidents resulting in death.
The court has the discretion to quash FIR and consequent proceedings if the dispute between the parties has been amicably resolved and the terms of the settlement have been complied with.
The court's power under Section 482 Cr.P.C. should be exercised sparingly and with caution, and a settlement between the parties that would lead to better relations may be a valid reason for quashing....
The court can quash criminal proceedings based on a settlement when the possibility of conviction is remote and continuation of the case would cause injustice to the accused.
The court may quash an FIR if an amicable settlement has been reached between the parties and the continuance of the FIR would serve no useful purpose and may cause prejudice to the petitioner.
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