Back
DINESH KUMAR SHARMA
Mohd. Javed – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of case FIR No. 673/2014 dated 12.05.2014 registered under sections 308/34 IPC at PS Seemapuri, North-East Delhi. The said FIR was lodged on the complaint of respondent No.2/complainant namely Pappan.
2. As per the FIR it has been alleged that on 11.05.2014 at around 10:00 PM, when the respondent No.2 along with his friend were returning from a nearby tea shop and going back home, the petitioners/accused persons namely Yusuf, Javed and a few others hurled abuses at him and attacked him. It has been alleged that the respondent No.2 along with his friend were talking and laughing which is when the petitioners/accused persons intervened and hurled abuses at them. When the respondent No.2 asked them as to why they were abusing, an altercation took place and the petitioners/accused persons started hitting them. It has been alleged that accused Yusuf picked up a brick and hit the respondent No.2 on the head, further accused Javed also hit the respondent No.2 with something sharp on his head. Thereafter, the police were called, and the respondent No.2 was taken to the hospital.
3. Ld. Counsel su
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.
The court can quash criminal proceedings if the possibility of conviction is remote and the continuation of the proceedings would cause oppression and prejudice, especially in cases with an overwhelm....
The court can quash an FIR based on the amicable settlement of disputes between the parties, especially when the dispute is of a private nature and the parties do not wish to pursue the complaint fur....
Quashing of FIR is permissible where parties have settled their disputes, provided the case does not involve serious offences and the possibility of conviction is remote.
Amicable settlement between parties and the complainant's statement expressing no objection to quashing the FIR can lead to the quashing of criminal proceedings.
The court may quash an FIR when the parties have resolved their disputes amicably, negating any purpose for prosecution.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
