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2023 Supreme(Del) 1323

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Rajnish Jha Alias Rajnish Kumar Jha & Anr. – Appellants
Versus
State GNCT of Delhi Through Chief Secretary & Anr. – Respondents
Cr.M.C. 5841 of 2022 & Cr.M.C. 5854 of 2022
Decided On : 17-04-2023

Advocates appeared:
Mr. Keshav Kumar Jha, Advocate, for the Petitioners in Cr.M.C. 5841 of 2022 & for the Respondent CRL.M.C. 5854/2022.
Mr. Digam Singh Dagar, APP for the State with SI Anita PS Ranhola in Cr.M.C. 5841 of 2022 & for the Respondent in CRL.M.C. 5854/2022.
Mr. B.N. Jha, Advocate, for the Respondent-2 in Cr.M.C. 5841 of 2022 & for the Petitioner in CRL.M.C. 5854/2022.

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 criminal prosecution to continue.

Headnote:

Quashing of FIR - Settlement Deed - The court quashed FIRs and proceedings based on a settlement deed between parties, emphasizing the importance of amicable settlements and the court's power under section 482 Cr.P.C. to quash proceedings.

Fact of the Case:

Parties residing in the same locality had a quarrel leading to FIRs against each other. They later reached a settlement and sought quashing of the FIRs.

Finding of the Court:

The court found that the parties had voluntarily settled the dispute and emphasized the importance of amicable settlements in such cases. It exercised power under section 482 Cr.P.C. to quash the proceedings.

Issues: Quashing of FIRs based on settlement, exercise of court's power under section 482 Cr.P.C.

Ratio Decidendi: The court emphasized that when the chances of conviction are bleak and a settlement between parties would lead to better relations, it may exercise power under section 482 Cr.P.C. to quash proceedings.

Final Decision: The court quashed the FIRs and all proceedings emanating therefrom based on the settlement deed between the parties.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petitions have been filed under section 482 Cr.P.C. seeking quashing of FIR No.852/2014 registered under section 323/354/34 IPC at PS Ranhola and FIR 853/2014 registered under section 323/354A/506/34 IPC at PS Ranhola.

2. Briefly stated facts of the case are that the parties were resident of the same locality having houses adjacent to each other. On 02.11.2014 a quarrel took place on petty issues which turned into a fight between the parties. Thereafter the parties got the above mentioned FIRs registered against each other on the same day i.e. 03.11.2014. The Chargesheet has been filed.

3. It is submitted that now the parties have voluntarily reached on a settlement with a view to settle the dispute between themselves amicably vide settlement deed dated 28.10.2022 therefore the present petition maybe allowed and the present Cross-FIRs be quashed along with all the other proceedings emanating therefrom.

4. The terms of the Compromise/Settlement Deed dated 28.10.2022 are as follows:

    "And Whereas as efforts and attempts were made by the friends and elders as well as respectable people of the society thereby clarifying all the bona-fide mistakes, misunderstanding between the parties. There First party has thus agreed to withdraw the complaint made against the second Party. All the disputes between the parties has been finally settled and now there is no ill will regarding each other. The parties have thus decided to fire petition for quashing of FIR on the basis of compromise deed without any terms and conditions.

    And Whereas this FIR Quashing compromise Deed has been executed between the parties with mutual consent and free will without any pressure, force, coercion or user influence from any side. Now the parties have decided to resolve their disputes and to live a peaceful life.

    Any complaint by the parties against each other shall stand withdrawn, cancelled and revoked finally after the signing of this mutual compromise deed subject to the decision of the Hon'ble High Court of Delhi."

5. I have gone through the settlement deed. The parties were neighbours living in houses adjacent to each other and the dispute between parties was a result of a quarrel arising out of petty issues, however now, the parties have amicably settled the matter between each other out of their own free will without any fear, force or coercion.

6. It has been repeatedly held by the Hon'ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, and where the court may be of the opinion that a settlement between the parties would lead to better relations between them, the court may exercise power under section 482 Cr.P.C. for quashing the proceedings or the complaint or the FIR as the case may be.

7. I consider that there would be no purpose of continuing with the proceedings. The parties have amicable settled the matter. In view of the settlement deed along with the facts and circumstances of the case FIR No.852/2014 registered under section 323/354/34 IPC at PS Ranhola and FIR 853/2014 registered under section 323/354A/506/34 IPC at PS Ranhola along with all the other proceedings emanating therefrom are quashed.

8. The present petition is disposed of

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