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DINESH KUMAR SHARMA
Satbir Kaur Sandhu – Appellant
Versus
State – Respondent
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 :
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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