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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Shailesh & Ors. – Appellants
Versus
The State of NCT Delhi & Anr. – Respondents
Cr.M.C. 412 of 2023 & Cr.M.C. 546 of 2023
Decided On : 23-02-2023
Exemption - Property Dispute - Section 482 Cr.P.C. - FIR No. 126/2013, U/s 323/427/452/506/34 IPC and FIR No. 141/2017 U/s 354B/323/354/341/34 IPC - Section 12 of Domestic Violence Act - Settlement Deed - Quashing of FIRs - Wide plenitude of inherent power under Section 482 Cr.P.C. - Exercise of inherent power in accord with the guidance engrafted in such power - Quashing of criminal proceedings based on alleged settlement - Quashing of FIRs due to property dispute - Quashing of FIRs to maintain social peace and harmony
Fact of the Case:
The case involved two petitions seeking to quash FIR No. 126/2013 and FIR No. 141/2017, both related to a property dispute between closely related parties. The parties reached an amicable settlement with the intervention of common persons, relatives, and respectable persons of the society, resulting in a settlement deed.
Finding of the Court:
The court found that the settlement deed indicated the resolution of various litigations, including the FIRs under reference, and other pending litigations. The court accepted the settlement and quashed the FIRs to maintain social peace and harmony.
Issues: The issues involved the quashing of FIRs under Section 482 Cr.P.C. based on the settlement deed, the exercise of inherent power in accord with the guidance engrafted in such power, and the quashing of criminal proceedings due to a property dispute.
Ratio Decidendi: The court exercised its inherent power under Section 482 Cr.P.C. to quash the FIRs based on the alleged settlement, considering the wide plenitude of the inherent power and the need to maintain social peace and harmony. The court relied on the settlement deed and the parties' submissions to reach its decision.
Final Decision: The court quashed FIR No. 126/2013 and FIR No. 141/2017, along with all proceedings emanating therefrom, and disposed of the petitions.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 1613/2023 (Exemption) in CRL.M.C. 412/2023
CRL.M.A. 2153/2023 (Exemption) in CRL.M.C. 546/2023
Exemptions are allowed subject to all just exceptions.
CRL.M.C. 412/2023 & CRL.M.C. 546/2023
1. These are two petitions bearing CRL.M.C. 412/2023 and bearing
CRL.M.C. 546/2023.
2. The present petition bearing CRL.M.C. 412/2023 has been filed seeking the following prayer:
"1.Quash FIR No.: 126/2013 DATED 05/05/2013, U/s 323/427/452/506/34 IPC, P.S.: PATEL NAGAR, DELHI in the interest of justice.
3. The present petition bearing CRL.M.C. 546/2023 has been filed seeking the following prayer:
"Quash FIR No.: 14 1/2017 U/s 354B/323 I 354N 341/34 IPC, DATED: 03/05/2017 P.S.: PATEL NAGAR, DELHI in the interest of justice.;"
4. Both parties are closely related to each other, however, some property dispute ensued between them which led to the filing of the abovementioned FIRs.
5. Now, the parties are present before this Court and have duly been identified by the IO. They state that they have entered into an amicable settlement with the intervention of the common persons, relatives and respectable persons of the society. They say they have arrived at the settlement deed voluntarily without any fear, force or coercion.
6. The settlement deed has been placed on record. The perusal of the settlement deed indicates that the besides the two FIRs under reference, various other litigations have also been registered. Details of other pending litigations is as follows:
a. A compliant case under Section 12 of Domestic Violence Act bearing Case No. 5551747/2016 filed by Smt. Pushpa Devi against Shailesh Kumar and Smt. Renu
b. A civil suit for possession and permanent injunction bearing No. CS SCJ 609288/2016 filed by Smt. Pushpa Devi against Shailesh Kumar and Ors
c. A complaint case bearing CC No. 10825/2016, filed by Smt. Renu @ Rajni against Manoj Kumar, Smt. Pushpa Devi and Aarti pending before the learned ACMM, Tis Hazari
However, now all the disputes have been settled on the following terms and conditions:
"1. That it is agreed that Smt. Pushpa Devi mother of Manoj Kumar and Shailesh Kumar Kumar is ready to pay a total sum of Rs.16,00,000/- (Rupees Sixteen Lacs Only) to Shailesh Kumar Kumar and Smt. Renu @Rajni as full and final settlement amount.
2. That Smt. Pushpa Devi is ready to cooperate and appear before Hon'ble High Court of Delhi at New Delhi at the time of hearing of quashing petition for FIR No. 126/2013, P.S-Patel Nagar, U/s 323/427/452/506/34 IPC and Smt. Renu @ Rajni is also ready to cooperate and appear before Hon'ble High Court of Delhi at New Delhi at the time of hearing of quashing petition for FIR bearing No. 141/2017 P.S-Patel Nagar, U/S 354B/323/354/341/34 IPC.
3. That it is also agreed that both the complainant of above said FIRS sworn affidavit in favour of other party and give their consent to quash the respective FIRS before Hon'ble High Court of Delhi at New Delhi.
4. That a property dispute arises between the parties and now second party that is to say Shailesh Kumar, his wife, children and his relative have relinquished their share in favour of Smt. Pushpa Devi, Manoj Kumar and his wife Smt. Aarti. Due to above said property dispute above said litigation started between both the parties and now all the disputes has been settled between both the parties in total settlement amount.
5. That out of total Rs.16,00,000/- a sum of Rs.Rs.6,00,000/- will be paid by Smt. Pushpa Devi to Sh. Shailesh Kumar at the time of quashing of both the FIR bearing no. 126/2013 P.S-Patel Nagar, U/s 323/427/452/506/34 IPC and FIR 141/2017 P.S-Patel Nagar, U/s 354B/323/354/341/34 IPC before the Hon'ble High court of Delhi.
6. That Smt. Pushpa Devi also paid an amount of Rs.2,00,000/- to Shailesh Kumar at the time of compounding/withdrawing her Domestic violence case bearing No. 5551747/2016 and complainant case vide bearing no. CC NO. 10825/2016 filed by Smt. Renu @ Ragni and Complaint Case bearing No. C.C.NO.
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....
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.
The court may exercise its power under Section 482 Cr.P.C. to quash criminal proceedings when a settlement between the parties would lead to better relations and no useful purpose would be served by ....
The main legal point established in the judgment is the exercise of power under Section 482 of the Code to quash criminal proceedings based on a voluntary settlement between the parties, guided by th....
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
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 may exercise inherent jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings when a settlement between the parties would lead to better relations and no useful purpose would b....
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