IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Dinesh Sharma – Appellant
Versus
The State & Anr. – Respondents
Cr.M.C. 5155 of 2022
Decided On : 23-02-2023
Inherent Power - Quashing of FIR - The court quashed the FIR and related proceedings under Sections 419/420/468/471 IPC based on an amicable settlement between the parties, invoking the inherent power under Section 482 Cr.P.C.
Fact of the Case:
The petitioner sought quashing of FIR No. 613/2015 under Sections 419/420/468/471 IPC, which was registered due to a quarrel between the parties. The matter was settled at the Delhi Mediation Centre, and the settlement terms included payment of a total sum in installments.
Finding of the Court:
The High Court, exercising its inherent power under Section 482 Cr.P.C., quashed the FIR and related proceedings, considering the amicable settlement between the parties and the private nature of the dispute.
Issues: The main issue was whether the court should exercise its inherent power to quash the proceedings based on an amicable settlement between the parties.
Ratio Decidendi: The court relied on the inherent power under Section 482 Cr.P.C. and established legal principles that allow for quashing proceedings if the dispute is private and the settlement is entered into at the parties' free will, within the four corners of the law.
Final Decision: The court quashed the case FIR No. 613/2015 under Sections 419/420/468/471 IPC and all related proceedings, disposing of the present petition.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed seeking quashing of FIR No. 613/2015 under Sections 419/420/468/471 IPC registered at PS Sadar Bazar.
2. Briefly stated facts of the case are that the above-mentioned FIR was lodged on the statement of the complainant/respondent No.2 Sh. Ganga Sagar. The parties have a relationship of client and advocate. The FIR was registered as a result of the quarrel which took place between the parties. Pursuant to this, chargesheet was also filed.
3. Learned counsel for the petitioner submits that the matter has been settled before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 01.12.2021.
4. The terms and conditions of the settlement are as follows-
"1. That the JD has taken the undertaken to pay a total sum of Rs.8,40,000/- (Rupees Eight Lakh Forty Thousand only) to the DH, in six installments in full and final settlement of the present execution petition.
2. That the DH has accepted the proposal of the JD. It has been settled/agreed between the parties that the aforesaid settlement amount shall be paid by the JD to DH in six installments as per following schedule:
| Sr. No. | Amount in Rupees | Date (on or before) |
| 1 | 2,00,000/- | 03.12.2021 |
| 2 | 1,00,000/- | 03.01.2022 |
| 3 | 1,00,000/- | 03.02.2022 |
| 4 | 1,00,000/- | 03.03.2022 |
| 5 | 1,00,000/- | 03.04.2022 |
| 6 | 1,00,000/- | 03.05.2022 |
| 7 | 1,40,000/- | 03.06.2022 |
It has been settled/agreed between the parties that the JD shall pay the aforesaid settlement amount to the DH by way of Demand-Draft in favour of the DH.
4. That in case of default/delay in payment of installments, JD shall be liable to pay the same with interest at the rate of 18% per annum for the delayed period until the date of actual payment.
5. That on receipt of entire amount in terms of the decree, DH shall be withdrawing the present execution petition from Ld. Referral Court as having been fully satisfied.
6. That in view of above commitments between the parties, the Ld. Concerned court may take the most lenient view in respect of case under Sec. 468/471 IPC against the accused. In the event of JD/accused proposes to file appropriate petition before the Hon'ble High Court of Delhi urging for quashing the FIR No.613/2015, Us.419/420/468/471 IPC, PS Sadar Bazar. DH undertakes to co-operate in said endeavour of JD by swearing affidavit, appearing before Court and making statement etc.
7. That the parties have gone through the terms herein before recorded and have confirmed and verified the same to be correct and that they are going to sign it without any threat, pressure, coercion or undue influence from any quarter. Both sides undertake to abide by these terms.
5. Respondent No.2 is present in Court and is represented by the counsel provided by Delhi High Court Legal Services Committee. Petitioner has been brought on the wheelchair and is suffering from paralysis. Respondent No.2 is identified by the Investigating Officer. Respondent No.2 states that he has received the entire amount. Respondent No.2 further states that he has entered into settlement amicably and voluntarily without any fear, force and coercion.
6. The High Court is the highest court of the State and is conferred with the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 CrPC also acknowledges the inherent power of the high court to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law.
7. It has repeatedly been held by the Courts that if the dispute is private in nature and parties have entered into the settlement at their own free will, the quashing of the proceedings may be done. However, the Courts have to satisfy themselves that the settlement so entered into is within the four corners of the law.
8. Taking into account the tota
A voluntary settlement reached through mediation between parties serves as a basis for quashing criminal proceedings under IPC sections related to matrimonial disputes.
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 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 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 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 consi....
The central legal point established is the court's power to quash FIRs based on settlements and the importance of preventing the abuse of the court process.
Courts have a duty to encourage genuine settlements of matrimonial disputes and have the inherent power to quash proceedings based on amicable settlements, even if the offences are non-compoundable.
Courts may quash FIR and criminal proceedings based on settlement reached between the parties, considering the free will of the parties and the totality of facts and circumstances.
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