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DINESH KUMAR SHARMA
Wendys Restaurant Thr. Its Gm Vneet Singh Rawat – Appellant
Versus
State GNCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed for quashing of FIR No. 0342/2022 dated 14.04.2022 registered under Sections 336/304A at P.S. Kalkaji. The said FIR was lodged on the complaint of the respondent No. 3 - Sunny and as per the same, the victim (since deceased) one Sh. Ved Prakash had expired while carrying out some maintenance work in the outdoor air conditioning unit of the petitioner.
2. Briefly stated that facts as alleged in the FIR are that the complainant who is the cousin of the deceased along with the deceased were learning AC repair work. It has been alleged that the deceased received a complaint to repair the AC on Wendy's Restaurant pursuant to which both left for the same. The AC which was to be repaired was installed at a height on the backside of the Wendy's Restaurant. The petitioner provided him with a movable ladder which was not of sufficient height. It was alleged that the proper security arrangements were not made and when the deceased climbed the ladder for repair of the AC, he fell down due to imbalance and suffered injuries. He was rushed to the hospital, however the injuries proved to be fatal.Based on this the pre
The court may quash an FIR if an amicable settlement has been reached between the parties and the continuance of the FIR would serve no useful purpose and may cause prejudice to the petitioner.
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 may exercise power under section 482 CrPC to quash criminal proceedings when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
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....
Voluntary settlement between parties and lack of desire to pursue the complaint can be grounds for quashing an FIR.
The court can exercise inherent jurisdiction to quash criminal proceedings when parties have settled the dispute and the continuation of the proceedings would cause oppression and prejudice.
The court has the discretion to quash FIR and consequent proceedings if the dispute between the parties has been amicably resolved and the terms of the settlement have been complied with.
Voluntary and lawful settlements in private disputes may lead to the quashing of proceedings.
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.
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