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DINESH KUMAR SHARMA
Sanjay Bansal – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No.1009/2021 under Section 288/337/34 IPC at PS Kotwali.
2. Briefly stated facts of the case are that the present FIR was lodged on the statement of Mohd. Gulzar. He worked as the Labour supervisor at OMAXE construction Site Chandni Chowk, Delhi. The Respondents were employed as laborers with Chinar Promoters Pvt. Ltd. The incident happened on On 31.10.2021 wherein a mudslide took place at Omaxe Chandni Chowk whereby trees and large amount of mud fell upon the temporary establishments of the labourers. In this incident Respondent no.2-5 suffered minor injuries while Respondent no.6 on account of suffering injuries has expired. Consequently, the present FIR was lodged.
3. However, it is submitted that now the parties have reached on a settlement on the following terms and conditions:
"1. It is agreed between the parties that upon execution of the present settlement agreement, First Party, Second Party and Third Party will file a petition before the Hon'ble High Court of Delhi for getting the F.I.R. bearing no. 1009/2022 u/s 288/304A1337/34 IPC lodged at P.S. Kotw
The court may quash proceedings under section 482 CrPC when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The court may quash criminal proceedings if a settlement between the parties would lead to better relations and the chances of conviction are bleak.
The court can quash criminal proceedings based on a settlement when the possibility of conviction is remote and continuation of the case would cause injustice to the accused.
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....
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 High Court may exercise its inherent power under Section 528 BNSS (or S. 482 CrPC) to quash criminal proceedings for non-compoundable offences like IPC 304A where the parties have settled, provid....
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.
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