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DINESH KUMAR SHARMA
Anubhav Sharma – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. These are two petitions seeking quashing of cross FIR No. 403/2021 dated 24.09.2021 registered under sections 323/341/506 IPC and FIR No. 400/2021 dated 23.09.2021 registered under sections 341/323/506/34 IPC. Both the FIRs were lodged at PS Neb Sarai.
2. FIR No. 403/2021 was lodged on the complaint of respondent No. 2 in CRL.M.C. 1995/2022, alleging therein, that on 15.09.2021 Mr. Anubhav Sharma was invited at the birthday party of the complainant's brother whereby he allegedly misbehaved with one girl. Later when the girl informed this to the complainant and the complainant took a stand, Anubhav Sharma misbehaved with the complainant, abused him, and threatened him of dire consequences over the telephone. Thereafter later that night in a pre- planned move Anubhav Sharma went to the complainant's house and an altercation took place between them. It has been alleged that Anubhav Sharma hit the complainant and threatened to kill him. It has been further alleged that Anubhav Sharma even hit the brother of the complainant when he tried to intervene and resolve the fight. Later when the parents of the complainant also intervened, Anubhav Shar
Amicable settlement and private nature of the dispute as grounds for quashing FIRs.
The court emphasized the importance of amicably settling trivial disputes and considered the nature of injuries and circumstances in deciding to quash the FIRs.
The main legal point established is that the court may exercise power under section 482 Cr.P.C. for quashing proceedings when the chances of conviction are bleak and a settlement between the parties ....
The voluntary settlement between the parties, the nature of injuries, and the lack of desire to pursue the complaint were key factors in quashing the FIR and all proceedings.
The court can quash FIRs and related proceedings when parties have amicably settled their disputes and do not wish to pursue the complaints further, especially in private disputes.
The court can quash proceedings under Section 482 Cr.P.C if an amicable settlement is reached and continuing the proceedings would be an abuse of process of law.
The court may exercise power under section 482 CrPC to quash proceedings when the chances of ultimate conviction are bleak and a settlement between the parties would lead to better relations.
Voluntary settlement, community service as a form of resolution, and promoting harmony and contribution to society.
The court can quash FIRs based on an amicable settlement between the parties, especially when the dispute is of a private nature and the parties express no objection to the quashing.
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