DINESH KUMAR SHARMA
Puneet @ Deepak – Appellant
Versus
State of NCT of Delhi Through Standing Counsel – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.C. 5863/2022 & CRL.M.C. 4758/2022
1. The present petition has been filed seeking quashing of F.I.R No.1100/2014 under section 420/467/468/471 IPC registered at PS Pandav Nagar.
2. Briefly stated facts of the case are that an FIR was lodged on the basis of complaint of respondent no.2 wherein it is alleged that petitioners had committed the offence of cheating, fraud, and forgery by fabrication of documents of property No. F-46/1, Janta Garden, Pandav Nagar, Delhi. and thereafter transferring the said property by illegal means through the fabricated documents. All the parties to the present petition are related to each other and due to the disputes and discords, the parties had lodged complaints against each other.
3. In the connected petition, i.e., Crl.M.C. 4758/2022, the petitioners are seeking quashing of summoning order dated 27.01.2011 passed by Ld. MM, (East)-03/KKD, in Complaint Case No.2445A/2009 titled as "Puneet Kumar versus Ram Sharan & Ors.," on similar lines and in compliance with the same terms as contained in the settlement reached.
4. It is submitted that the parties have reached at an amicable settlement vide settlem
The court may exercise power under section 482 CrPC to quash proceedings if a private dispute can be resolved through an amicable settlement, leading to better relations between the parties.
The court emphasized the inherent power of the High Court under Section 482 of the Code to prevent abuse of the process of any court or to secure the ends of justice, particularly in cases involving ....
The central legal point established is the court's power to quash FIRs based on settlements and the importance of preventing the abuse of the court process.
The central legal point established in the judgment is the exercise of inherent power under Section 482 Cr.P.C. to quash criminal proceedings based on an alleged settlement, with the aim of maintaini....
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....
Amicable settlement and lack of desire to pursue the complaint can lead to the quashing of FIR and related proceedings.
Court emphasizes the importance of settling private disputes voluntarily, allowing individuals to quash FIRs without coercion.
The court may exercise power under section 482 Cr.P.C to quash proceedings in a predominantly private dispute where a settlement between the parties would lead to better relations.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.