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DINESH KUMAR SHARMA
Associated Traders And Manufactures Thr Its Authorised Representative Sh. Vijender – Appellant
Versus
State – Respondent
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
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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