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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Mukesh Alias Mukesh Verma – Appellant
Versus
State of NCT of Delhi & Anr. – Respondents
Cr.M.C. 3090 of 2023, Cr.M.A. 11575 of 2023 & Cr.M.C. 3039 of 2023
Decided On : 01-05-2023
Compromise - Criminal Procedure - Quashing of FIRs based on compromise between parties
Fact of the Case:
The parties, who are neighbors, filed cross-FIRs after a fight. They have since settled the matter with the intervention of family members and respectable persons, and have voluntarily signed a compromise deed.
Finding of the Court:
The court, considering the settlement and the nature of the case, exercised the power under section 482 CrPC to quash the proceedings, as it deemed that continuing with the proceedings would serve no purpose.
Issues: Quashing of FIRs based on compromise between parties
Ratio Decidendi: The court referred to the power under section 482 CrPC to quash proceedings when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
Final Decision: The court quashed both FIRs and all proceedings emanating therefrom, based on the voluntary settlement between the parties.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petitions have been filed under section 482 Cr.P.C for quashing of FIR No.607/2016 registered under Section 354/323/451 IPC at P.S. Prashant Vihar and FIR No. 615/2016 registered under Section 323/354/34 IPC at P.S. Prashant Vihar.
2. Briefly stated facts of the case are that the parties are neighbors living in the same locality, they filed the above-mentioned Cross-FIRs after a fight that erupted between them. The charge-sheet in the above matters has already been filed. However, it is submitted that with the intervention of family members and respectable persons of the society the parties have settled that matters between themselves without any consideration amount.
3. It has been submitted that both the parties have compromised the matters between each other voluntarily vide MoU/compromise deed dated 15.04.2023 and thus the present petitions may be quashed.
4. The terms and conditions of the said compromise deed are as under -
"1. That both the parties undertaken to live peacefully in future without any grievances and they will not give any chance of complaint against each other."
5. The parties are present in person. They have stated that they have compromised the matter voluntarily without any fear, force or coercion.
6. Investigating officer has duly identified the complainant.
7. 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 the power under section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.
8. I consider that there would be no purpose of continuing with the proceedings. The parties have amicable settled the matter. In view of the above facts and circumstances both FIR No.607/2016 registered under Section 354/323/451 IPC at P.S. Prashant Vihar and FIR No. 615/2016 registered under Section 323/354/34 IPC at P.S. Prashant Vihar, along with all the proceedings emanating therefrom are quashed.
The court may exercise the power under section 482 CrPC to quash proceedings when a settlement between the parties would lead to better relations and no useful purpose is likely to be served by allow....
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 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 voluntary nature of the Settlement Agreement and the parties' desire to continue a harmonious relationship without interference influenced the court's decision to quash the FIR and proceedings.
The court has the power to quash criminal proceedings under section 482 Cr.P.C. when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
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.
The court can quash criminal proceedings under Section 482 Cr.P.C. if the parties have voluntarily settled their disputes and continuation of the proceedings would serve no purpose.
In personal disputes, if matters are settled amicably, a quietus should be put, and the court may quash ongoing criminal proceedings based on such settlements.
The court emphasized the importance of amicably settling trivial disputes and considered the nature of injuries and circumstances in deciding to quash the FIRs.
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