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DINESH KUMAR SHARMA
Jagdish Khatri – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This is a petition for quashing of FIR No.157/2017 under Sections 354 IPC registered at Police Station Sangam Vihar and the proceedings emanating therefrom. The FIR was lodged on the statement of respondent No.2/Ms. Ishwanti @ Ishmanti. In the FIR, it has been alleged that she along with her niece went to clean her new house when the Petitioner/accused entered the house and pushed her from her chest. The charge sheet in the case has been filed on 11.01.2018.
2. It has been submitted that the cross-FIR No.154/2017 under Section 506/509 was also lodged on the statement of Ms Pushpa Khatri, wife of the petitioner herein. Thereafter the Memorandum of Understanding/Settlement Agreement dated 24.06.2022 has been executed between the petitioner and respondent No.2. The terms and conditions of the Memorandum of Understanding/Settlement Agreement dated 24.06.2022 read as under:
"1. That both the parties shall withdraw their respective cases/claims/suits filed against each other unconditionally from the respective courts.
2. That Mr. Jagdish Khatri shall file quashing petition before the Hon'ble High Court for quashing of the above mentioned FIRs i.e 15
The power under Section 482 Cr.P.C. should be exercised to secure the ends of justice and prevent abuse of the process of any court. The possibility of conviction being remote and bleak due to a sett....
The wide plenitude of inherent power under Section 482 Cr.P.C allows for the quashing of criminal proceedings based on settlement and the remote possibility of conviction.
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
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.
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.
The court has the power to quash criminal proceedings on the ground of a settlement, considering the private nature of the dispute and the amicable settlement reached by the parties.
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 ....
The court has the inherent power to quash criminal proceedings in accordance with the guidelines engrafted in such power, especially in cases where the possibility of conviction is remote and bleak, ....
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