: Power to quash criminal proceedings based on settlement applies predominantly to civil matters and not for heinous or serious offenses with a societal impact.

ORDER

The hearing has been conducted through Physical Mode.

CRL.M.C. 349/2020

1. By this petition, the petitioner seeks quashing of the FIR No. 473/2015 under Sections 279/304-A IPC registered at PS Rajouri Garden on the ground that parties have settled the matter.

2. The above noted FIR was registered pursuant to information received from the DDU Hospital in relation to the admission of an unknown person admitted pursuant to an accident. Thereafter, during the course of investigation CCTV footages were collected. These CCTV footages have been sent through E-mail to this Court, which have been seen. The video footages showed that the petitioner was driving the vehicle in a slow speed, however suddenly the deceased came from behind the barricade, resulting in the accident and immediately, after the accident the petitioner and the co-driver shifted the victim to the hospital.

3. The respondent Nos. 2, 3 and 4 are the legal heirs of the deceased Pramod Kumar being his wife, daughter and the minor son, respectively. They state that they have settled the matter and before the Motor Accidents Claims Tribunal and the respondent Nos. 2, 3 and 4 as also the mother of the deceased received a total sum of ?14,07,000/-. The learned MACT also noted that legal heirs of the deceased have equal shares in the amount i.e. 25% each and the amount of the two minor children, for the reason at that time the respondent No. 3 was also a minor, should be kept in a fixed deposit till they attain the age of majority and 50% of their share will be kept in a fixed deposit for 5 years and no loan shall be allowed on the said fixed deposit. However, the respondent Nos. 2 to 4 would be entitled to receive the quarterly interest.

4. Respondent Nos. 2 to 4, who are present in Court and identified by the learned Counsel. Respondent Nos. 2 and 3 on their behalf and respondent No.2 on behalf of respondent No.4 and on behalf of her mother-in-law state that they have received over and above the settlement amount of ? 14,07,000/-, a sum of ?2,75,000/- by way of a demand draft bearing No. 013324 dated 22nd September, 2021 drawn on HDFC Bank in the name of respondent No. 2 and now they do not wish to pursue the above noted FIR and the proceedings pursuant thereto.

5. Quashing of the above noted FIR has been sought on the basis of the various decisions of the Hon'ble Supreme Court. In the decision reported in (2017) 9 SCC 641: Prabhatbhai Aahir v. State of Gujarat, the Hon'ble Supreme Court held that "the decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated."

6. Further, the Hon'ble Supreme Court in the decision cited as (2019) 5 SCC 688: State of Madhya Pradesh v. Laxmi Narayan & Ors., referring to the various earlier decisions summarized the law relating to the powers of the High Court to quash criminal proceedings under Section 482 Cr.P.C. on the basis of settlement as under:

"15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:

15.1 That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

15.2 Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;

15.3 Similarly, such power is not to be exercised for the offences under