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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sanjay Bansal & Ors. – Appellants
Versus
The State NCT of Delhi & Ors. – Respondents
Cr.M.C. 3504 of 2022
Decided On : 03-05-2023
Settlement - Laborers' Injury - Quashing of FIR
Fact of the Case:
The FIR was filed after a mudslide at a construction site resulted in injuries and a fatality among the laborers. The parties reached a settlement agreement, and the settled amount was paid to the respondents.
Finding of the Court:
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. In view of the settlement, the court quashed the FIR and all related proceedings.
Issues: Quashing of FIR under section 482 CrPC
Ratio Decidendi: The court may exercise 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 the FIR and all related proceedings in view of the settlement.
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. Kotwali dated 31.10.2021 quashed.
2. That in lieu of the settlement, the Fourth Party, Fifth Party, Sixth Party and Seventh Party have each received a sum of RS.25,000/- from the First Party, Second Party and Third Party towards full and final settlement. Upon having received the said sum of money the Fourth Party, Fifth Party, Sixth Party and Seventh Party shall not be left with any claim whatsoever towards the First Party, Second Party, Third Party, Chinar Promoters Pvt. Ltd. and Omaxe Ltd. or any of their employees and representatives.
3. That in lieu of the settlement, the Eighth Party i.e. wife and last known legal their of deceased Mohd, Afsarful in consultation with all the family members have received a sum of Rs.2,50,000/- in cash and a sum of Rs.7,00,000/- vide cheque no, 153932 dated 03.11.2021 drawn at Axis Bank Ltd., Malviya Nagar branch from the First Party, Second Party and Third Party towards full and final settlement. Upon having received the said sum of money the Eighth Party shall not be left with any claim whatsoever towards the First Party, Second Party, Third Party, Chinar Promoters Pvt. Ltd. and Omaxe Ltd. or any of their employees and representatives.
4. It is further agreed between the parties that Fourth Party, Fifth Party, Sixth Party, Seventh Party and Eighth Party undertakes that they will co-operate and provide all the necessary assistance to the First Party, Second Party and Third Party for getting the F.I. R. bearing no. 1009/2021 u/s 288/304A1337/34 IPC lodged at P.S. Kotwali dated 31.10.2021 quashed before the Hon'ble High Court of Delhi or any other competent court and make themselves available at the time of recording of their statement before the Hon'ble High Court of Delhi.
5. That pursuant to engrossing their signatures on the present agreement, either of the parties will not initiate any further action or court proceedings relating to the incident dated 31.10.2021 against each other and their friends and family members nor will they make any allegation against other.
6. That it has also been agreed between the parties that they will adhere to the terms and conditions of this settlement Deed and will do all acts necessary for the expeditious compliance of the same and shall cooperate with each other and sign all the relevant documents required for the purposes of quashing the F.I.R. bearing no. 1009/2021 u/s 288/304A/337/34 IPC lodged at P.S. Kotwali dated 31.10.2021."
4. In pursuance of the terms of the settlement Respondents have already been paid all the settled amount.
5. IO has duly identified the parties.
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 crimin
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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