DINESH KUMAR SHARMA
Harsh Yadav – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT :
Dinesh Kumar Sharma, J.
The present petition has been filed for quashing of FIR No. 370/2022 under Section 279/338 IPC and Section 3/181 of MV Act registered at P.S. Moti Nagar.
2. Briefly stated facts of the case are that the present FIR was lodged by respondent no. 2 Ankit Dogra alleging therein that on 23.04.2022 at about 1 : 30am Respondent no. 2 was going to drop Respondent No. 3 in his vehicle bearing no. DL8CAS2816 when his vehicle was hit by the offending vehicle bearing no. DL8CAK5849 which was driven by the petitioner. On account of this respondent no. 3 suffered serious injuries.
3. After the investigation, the charge-sheet was filed. However, now it is submitted that the parties have reached into a settlement vide settlement deed 20.09.2022. The settlement deed has been placed on record.
4. The terms of the settlement deed are as follows:—
The court may quash criminal proceedings based on a settlement reached between the parties when the chances of ultimate conviction are bleak and no useful purpose is likely to be served by allowing t....
The central legal point established in the judgment is the court's power under Section 482 of the Code to quash proceedings, which must be exercised with caution and circumspection, taking into consi....
The voluntary nature of settlements and lack of remaining grievance from the complainants can lead to the quashing of FIR and related proceedings.
The court can quash FIRs in non-compoundable offenses based on a valid settlement between parties, highlighting that continuation serves no useful purpose.
Courts have a duty to encourage amicable settlements in matrimonial disputes and may quash proceedings based on settlements using inherent powers under Section 482 Cr.P.C.
The court can quash criminal proceedings based on a settlement between the parties, as provided under Section 482 of the Cr.P.C. and established through case law.
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 ....
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