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DINESH KUMAR SHARMA
Ajay Kumar – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 2575/2023 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(CRL) 280/2023
1. The present petition has been filed for quashing FIR No.1324/2021 registered under Sections 448/34 IPC at P.S. Nihal Vihar. The FIR was lodged at the statement of Afzal/respondent No.2 wherein he alleged that on 25.11.2021 at around 3:30 PM, while he was working with Smt. Durga Devi in the shop of respondent No.3/Sh. Ansaruddin at RZG-148, Nihal Vihar, two women and one man came there and started throwing the goods outside the shop. He further alleged that he along with the said Smt. Durga Devi tried to stop them but they were thrown out of the shop. Thereafter he made a complaint and on the basis of the said complaint, FIR No.1324/2021 under Sections 448/34 IPC was lodged at P.S. Nihal Vihar
2. Learned Counsel for the petitioners submits that due to the intervention of the relatives, common friends and respectable persons of the society, the parties have reached a settlement. He submits that pursuant to the settlement the parties have decided to burry all their hatchet and to live peacefully and therefore no purpose would be served in contin
A voluntary settlement reached through mediation between parties serves as a basis for quashing criminal proceedings under IPC sections related to matrimonial disputes.
The court has the power to quash criminal proceedings under section 482 Cr.P.C. when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
Court emphasizes the importance of settling private disputes voluntarily, allowing individuals to quash FIRs without coercion.
The voluntary settlement between the parties, the nature of injuries, and the lack of desire to pursue the complaint were key factors in quashing the FIR and all proceedings.
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 has the power under section 482 Cr.P.C. to quash proceedings when a settlement between parties would lead to better relations and no useful purpose is likely to be served by allowing a crim....
The court emphasized the importance of amicably settling trivial disputes and considered the nature of injuries and circumstances in deciding to quash the FIRs.
The court may exercise power under section 482 Cr.P.C. for quashing the proceedings based on a settlement agreement and may impose constructive measures on the parties.
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