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DINESH KUMAR SHARMA
Rajan – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 11675/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 3128/2023
1. The present petition has been filed seeking the quashing of case FIR No. 125/2018 dated 23.03.2018 registered under Section 354D IPC registered at PS New Ashok Nagar, Delhi. The FIR was lodged on the statement of Ms. X alleging that the petitioner was stalking her. The charge sheet in the present case has been filed under section 354D IPC before the Learned MM, Mahila Court, East, KKD Courts, Delhi.
2. Learned Counsel for the petitioner submits that during the proceedings pending before the Ld. MM, Mahila Court. East, KKD Courts, Delhi, the matter was referred to Delhi Mediation Center, Karkardooma Courts, Delhi, for mediation and with the efforts of the mediator and parties, the parties have arrived at an amicable settlement and have entered into the settlement dated 03.02.2023, wherein respondent no.2 has agreed to quash the proceedings pending before the Ld. MM, Mahila Court, East, KKD Courts, Delhi.
3. The settlement dated 03.02.2023 arrived at the Delhi Mediation Centre, Karkardooma Courts, Delhi between the parties has been placed on record and it rea
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 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 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 court has the inherent power to quash criminal proceedings, even in non-compoundable cases, if it serves the ends of justice and prevents abuse of the court's process.
The court may exercise power under section 482 Cr.P.C. for quashing the proceedings based on a settlement agreement and may impose constructive measures on the parties.
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
The court may quash proceedings under Section 482 Cr.P.C if a settlement between the parties would lead to better relations and the chances of conviction are bleak.
The court may quash proceedings if a settlement between the parties would lead to better relations and the chances of an ultimate conviction are bleak.
The court can quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settlement between the concerned parties.
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