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2023 Supreme(Del) 2099

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Shesh Bahadur Singh – Appellant
Versus
State – Respondent
Cr.M.C.374 of 2023
Decided On : 06-02-2023

Advocates appeared:
Mr. Prashant Vaxish, Advocate with petitioner in person, for the Petitioner.
Mr. Satinder Singh Bawa, APP, for the State with SI Robin Khatana, PS Moti Nagar.
Ms. Raveena Kataria, Advocate, for the respondent Nos.2 to 4 with respondents in person.

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 consideration the special facts of the case.

Headnote:

FIR Quashing - Settlement Agreement - Sections 279/337 IPC - [279, 337 IPC] - The court discussed the settlement agreement between the parties, the power of the High Court under Section 482 of the Code to quash proceedings, and the need for caution and circumspection in exercising such power. The court ultimately quashed the FIR and all proceedings emanating therefrom.

Fact of the Case:

The petitioner filed a petition for quashing of FIR No.979/2014 registered under Sections 279/337 IPC at P.S. Moti Nagar, citing a settlement agreement reached at the Delhi High Court Mediation & Conciliation Centre.

Finding of the Court:

The court found that the settlement agreement between the parties warranted the quashing of the FIR and all proceedings emanating therefrom.

Issues: The main issue was whether the settlement agreement justified the quashing of the FIR and related proceedings.

Ratio Decidendi: The court emphasized the wide amplitude of power possessed by the High Court under Section 482 of the Code, but also highlighted the need for caution and circumspection in exercising this power. It considered the special facts of the case and the bleak chances of an ultimate conviction before quashing the proceedings.

Final Decision: The court quashed FIR No.979/2014 registered under Sections 279/337 IPC at P.S. Moti Nagar and all other proceedings emanating therefrom, thereby disposing of the present petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing of FIR No.979/2014 registered under Sections 279/337 IPC at P.S. Moti Nagar and all other proceedings emanating therefrom.

2. Learned counsel for the petitioner submits that the matter has been settled at Delhi High Court Mediation & Conciliation Centre vide Settlement Agreement dated 21.12.2022 on the following terms and conditions:

    "1. That, it has been agreed to between the Parties that the First Party shall pay a total sum of Rs. 5,50,000/- (Rupees Five Lakh Fifty Thousand Only)(hereinafter referred to as "Compensation Amount")to the Second and Third Party towards the full and final settlement in respect of the present case.

    2. That the First Party shall pay a sum of Rs. 1,00,000/- (Rupees One Lakh Only) to the Second Party at the time of disposal/withdrawal of the appeal before the Hon'ble Delhi High Court. The Second Party has agreed to receive the said amount in cash, as the Second Party has not having any bank account in her name.

    3. That the First Party shall pay the sum of Rs. 4,50,000/- (Rupees Four Lakh Fifty Thousand) to the Third Party. Out of Rs. 4,50,000/- (Rupees Four Lakh Fifty Thousand) the sum of Rs. 1,00,000/- (Rupees One Lakh Only) has already been paid to the Third Party and the same had been acknowledged by the Third Party. That the remaining amount of Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand) shall be paid by the First Party to the Third Party through Demand Draft at the time of disposal/withdrawal of the appeal before the Hon'ble Delhi High Court.

    4. It is mutually agreed that the above-mentioned concession being given to/ provided to/ extended to/ made available to the Second Party and Third Party is full and final settlement of all grievances, claims, disputes, complaints raised by the Second Party and Third Party; and the Second Party and Third Party acknowledge that they are now left with no further claims, demands, benefits, compensation, etc. of any nature and extent whatsoever in relation to this matter and henceforth shall not raise any other claim, demand, benefits, compensation, etc. of any nature whatsoever and extent before any forum legal or otherwise against the First Party.

    5. That an FIR No. 979/2014 U/s 279, 304A IPC, registered at Police Station, Moti Nagar against the driver namely Shesh Bahadur. That the Second and Third Party in view of the settlement have agreed/undertakes to cooperate/appear/give statement before the concerned Court for compounding/quashing of the said FIR and other proceedings emanating therefrom.

    6. It has been agreed between the Parties, that the First Party at the time of filing of the present appeal deposited a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) in the name of Registrar General, Delhi High Court, and the same may be released by the Hon'ble Delhi High Court along with accrued interest thereon in favor of the First Party.

    7. That, this Agreement shall be binding between the Parties from the date of execution of this Agreement between the Parties.

    8. That, with the execution of this Agreement, the Parties hereby unconditionally and unequivocally agree to remain bound by the terms and conditions of this Agreement.

    9. That, this Agreement is executed in duplicate, and each Party shall retain one original copy. The Settlement Agreement will be kept confidential by all the Patties and not disseminated anywhere.

    10. That all the Parties to the present settlement have been read over with the content of the agreement and have been made understood to the contents in their vernacular language.

    11. The parties state that the present settlement agreement has been entered into by them out of their own free will and volition and without any undue influence, threat, coercion, pressure, etc. Parties agree that time shall remain the essence the present settlement agreement."

3. Learned counsel for the petitioner submits that in view of the settlement, the present petition

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