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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Associated Traders And Manufactures Thr Its Authorised Representative Sh. Vijender – Appellant
Versus
State & Anr. – Respondents
Cr.M.C. 4220 of 2022
Decided On : 21-02-2023
Settlement Agreement - Quashing of FIR - Section 337 IPC - [Section 337 IPC] - The court discussed the settlement agreement between the parties and emphasized that if the dispute is private in nature and the settlement is entered into voluntarily, the proceedings may be quashed. The court satisfied itself that the settlement was within the four corners of the law and had been done voluntarily without fear, force, or coercion.
Fact of the Case:
The petitioner, involved in maintenance of electricity supply, filed a petition seeking quashing of FIR registered under Section 337 IPC. The respondent, a lineman, got electrocuted while working and a settlement was reached between the parties.
Finding of the Court:
The court found that an amicable settlement had been reached without fear, force, or coercion, and concluded that there was no purpose of continuing with the trial. Consequently, the FIR and all related proceedings were quashed, and the petition was disposed of.
Issues: The main issue was the quashing of the FIR and related proceedings based on the settlement agreement between the parties.
Ratio Decidendi: The court emphasized that if a private dispute is settled voluntarily and within the boundaries of the law, the proceedings may be quashed. It also considered the voluntary nature of the settlement and the absence of fear, force, or coercion.
Final Decision: The court quashed the FIR and all related proceedings, and disposed of the petition.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 of Cr. P.C. seeking quashing of FIR No. 68/2021 registered at PS Vasant Kunj, under Section 337 IPC.
2. Briefly stated facts of the case are that the petitioner since 2010 has been executing work of maintenance of supply of electricity in the area of South-West Delhi with BSES Rajdhani Power Ltd. Respondent who used to work as a lineman with petitioner, on 12.02.2021 came in contact with a live wire while repairing another nearby wire. Respondent got electrocuted and both his arms got burnt. Thereafter the above - mentioned FIR was registered on 17.02.2021.
3. The matter was referred to the mediation. The parties have reached on a settlement dated 17.02.2023 in the mediation on the following terms and conditions:
"1. That the First Party has agreed to pay a lump sum amount of Rs.16,00,000/- (Rupees Sixteen lakhs only) to second party for past, present and future claims in respect of Second Party and the said amount is full and final settlement towards all his claims.
2. That due to the unfortunate accident since Second Party is not able to continue his work with First Party, therefore the First Party has offered a job to his son Sanjit Kumar in place of the Second Party as Assistant lineman who is the son of Second Party namely Sanjit Kumar has accepted and has joined. The copy of employee ID No. VJK168 of Sanjit Kumar is annexed herewith as ANNEXURE A.
3. That the First Party has also completed all the formalities with the ESI department and Second Party is getting pension of Rs.555/- (Rupees Five Hundred Fifty Five) per day which comes to almost Rs.17,000/- (Seventeen Thousand Only) per month in his account bearing No. 520101051123521 in Union Bank of India at Chattarpur, Delhi-74. The copy of letter dated 29.07.2022 issued by Employee Estate Insurance Corporation granting the said pension is annexed herewith as ANNEXURE B.
4. That out of total settlement amount of Rs.16,00,000/- (Rupees Sixteen Lakhs) the First Party has already paid Rs.2,00,000/- (Rupees Two Lakhs) to the Second party on 02.12.2021 through cheque bearing No. 438325 dated and 1,50,000/- (One Lakh Fifty Thousand) on 29.12.2021 through cheque bearing No. 438351.
5. That remaining Rs.12,50,000/- (Twelve lakh Fifty Thousand) will be handed over to Second Party by First Party during the time of recording of the statement of the Second party before Hon'ble High Court of Delhi in quashing of the FIR No.0068 dated 17.02.2021 through Demand draft bearing No. 035487 dated 10.01.2023, Axis Bank Limited, Karkardooma, Delhi. The Copy of the same is annexed herewith as ANNEXURE C.
6. That the First Party has filed CrI.M.C No. 4220/2022 for the quashing FIR No.0068 dated 17.02.2021 which is pending before the Hon'ble Delhi High Court and the Second Party undertakes to appear before the Hon'ble Delhi high court of Delhi during the time of hearing of the petition and will cooperate with First Party in seeking quashing of the quashing FIR No.0068 dated 17.02.2021 on date already fixed for 21.02.2023 or any other subsequent date given by the Hon'ble Court.
7. That the Second Party releases and relinquishes all his future claims and he assures and undertake that he is left with no further claim of whatsoever nature against the First Party and surrender his claim towards present and future and assures that no further claim will be laid against the First Party as all his claims settled.
8. That Since the Second Party has lost both of his arms in the Accident which occurred on 12.02.2021, the present Agreement has been signed by his son Sanjit Kumar on the consent and in presence of Second Party. The duly self attested Aadhaar Card of the Second Party Mr. Shiv Ram Kamat (7301-3327-4325) as well as his son Sanjit Kumar (9806-9625-5174) is annexed herewith as ANNEXURE D COLLY.
9. By signing this Settlement Agreement and subject to the fulfillment of the terms and conditions of the present Settlem
Voluntary and lawful settlements in private disputes may lead to the quashing of proceedings.
The voluntary nature of a settlement agreement, the fulfillment of its terms, and the express wish of the parties not to pursue a complaint can be grounds for quashing an FIR and subsequent proceedin....
The court's power under Section 482 Cr.P.C. should be exercised sparingly and with caution, and a settlement between the parties that would lead to better relations may be a valid reason for quashing....
Quashing of FIR is permissible in cases of amicable settlement where no useful purpose would be served by continuing the proceedings.
The voluntary nature of the settlement, adequacy of compensation, and the parties' reluctance to pursue the complaint influenced the court's decision to quash the FIR and proceedings.
Point of Law : Quash of FIR - Minor injuries - Settlement of dispute - No useful purpose would be served in continuing withthe proceedings arising out of the present FIR.
The discretionary nature of the inherent power under Section 482 Cr.P.C. and the need for a full trial to determine negligence before quashing an FIR.
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