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IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA, J.
Smt. Satbir Kaur Sandhu - Petitioner
Versus
State & Ors. - Respondents
Crl. M.C. No. 4902 of 2022
Decided On : 16-01-2023
Indian Penal Code, 1860 - Section 288, 304A - Injured condition - Negligent conduct with respect to pulling down or repairing buildings - Causing death by negligence -In the FIR it was alleged that the deceased was admitted in RML Hospital in injured condition - injured was shifted to AIIMS Trauma Centre - Subsequently, injured succumbed to injuries and therefore FIR under Section 288/304A IPC was registered - Held, Perusal of FIR has indicated that accident had taken place when the deceased fell from height - Legal heirs of deceased have not alleged any malafide against employer or petitioner - Parties have reached to a settlement - There is nothing to indicate that settlement has not been reached amicably - legal heirs of deceased have been compensated adequately - It has been time and again held that when chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, court may while taking into consideration special facts of a case quash the proceedings - Court considers that in view of settlement a quietus should be put to the present proceedings. Accordingly, FIR under Section 288/304 A, PS Connaught Place and the all other proceedings emanating therefrom are quashed - Petition disposed of.
JUDGMENT :
Dinesh Kumar Sharma, J.
1. Present petition has been filed for quashing of FIR no.246/2021 under Section 288/304 A IPC, PS Cannaught Place, which was registered on the statement of SI Bhanwar Lal.
2. In the FIR it was alleged that on 19.11.2021, the deceased Vinod Kumar aged 55 years was admitted in RML Hospital in the injured condition. The injured was shifted to AIIMS Trauma Centre on 20.11.2021. Subsequently, injured Vinod Kumar succumbed to the injuries and therefore FIR under Section 288/304A IPC was registered. The charge-sheet under section 288/304A IPC was filed against the petitioner Ms. Satbir Kaur Sandhu, who is stated to be house-keeping incharge of the employer hospital. Learned senior counsel appearing for the petitioner submits that now parties have entered into a settlement vide MOU dated 02.09.2022. learned senior counsel has taken this court through the terms and conditions of the settlement, which are reproduced as under :
2. It has been mutually agreed that the Second Party shall pay the entire remaining Ex-Gratia amount of Rs.4,80,000/- (Rupees Four Lakh Eighty Thousand Only) along with an additional amount of Rs.4,20,000/- ( Rupees Four Lakh Twenty Thousand only ) towards compensation, totalling to Rs.9,00,000/- ( Rupees Nine Lakh Only ) in one go to the First Party at the time of quashing of the said FIR before Hon’ble High Court of Delhi by way of Demand Draft.
3. It has been mutually agreed that the Quashing Petition shall be filed by the Second Party within 30 days from the date of execution of this Memorandum of Understanding.
4. In case the FIR No. 246/2021 dated 28.12. 2021 registered u /s 288/304- A IPC at P.S. Connaught Place, New Delhi is not quashed by the Hon’ble High Court of Delhi due to any reason whatsoever, then the Second Party shall keep on paying the Ex-Gratia amount of Rs.15,000 /- per month totalling to Rs.4,80,000/- ( Rupees Four Lakh Eighty Thousand only ) only to the First Party month wise till the date of superannuation, i.e. till 30.04. 2025 and in that case the additional amount of Rs.4,20,000/- ( Rupees Four Lakh Twenty Thousand only ) towards compensation shall not be paid by the Second Party.
5. That after receiving the entire settlement amount of Rs.9,00,000/- (Rupees Nine Lakh Only) and after quashing of the said FIR, no more grievance would be left of either party against each other. It has been mutually agreed between both the parties that they shall not file any other criminal complaint or legal proceedings against each other in future arising out of the above-mentioned incident.
6. That both parties have consented to this Memorandum of Understanding out of their own sweet will, and without any undue influence, force, coercion, misrepresentation or duress and after going through and understanding the contents of the same in their vernacular language. The parties are bound with the terms and conditions of this Memorandum.
3. Learned Senior counsel submits that in pursuance to the settlement a demand draft Demand Draft no.482806 dated 17.12.2022 in the sum of Rs. Nine lakhs drawn on HDFC Bank, K.G.Marg, New Delhi has been delivered to Smt. Indrawati wife of the deceased.
4. Smt. Indrawati is present in the court along with Ms. Arti, Ms. Sushma Kumari and Mr. Abhishek Kumar. Ms. Arti, Ms. Sushma Kumari are the unmarried daughters and Mr. Abhishek Kumar is the son of deceased Sh. Vinod Kumar. There are also two married daughters namely Smt. Vijay Laxmi and Smt. Bimla Kumar of deceased Sh. Vinod Kumar. Learned senior counsel submits that they have delivered
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'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 may exercise power under section 482 CrPC to quash criminal proceedings when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The court may quash proceedings under section 482 CrPC when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
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.
Courts may quash FIR and criminal proceedings based on settlement reached between the parties, considering the free will of the parties and the totality of facts and circumstances.
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings if the possibility of conviction is remote and bleak, and continuation of the case would be an abuse ....
: Power to quash criminal proceedings based on settlement applies predominantly to civil matters and not for heinous or serious offenses with a societal impact.
The court may quash criminal proceedings if a settlement between the parties would lead to better relations and the chances of conviction are bleak.
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