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DINESH KUMAR SHARMA
Rakesh Bhatia – 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. 0101/2019 registered under Section 354A IPC and Section 8 of POCSO Act registered at PS Khajuri Khas, Delhi.
2. The present FIR was lodged on the statement of Mr. Suresh Kumar Sharma, father of the children/victim. In the FIR it was alleged that the petitioner who is a shopkeeper called the daughters of the complainant at his shop and molested them. After investigation, the charge sheetwas filed under Section 344A/354A IPC and Section 8/10 of the POSCO Act.
3. Sh. K. K. Manan, learned senior counsel submits that the present FIR was lodged under some misunderstanding and with the intervention of some family members and well-wishers, the parties have reached at a settlementon the following terms and conditions:
1. "That due to the intervention of the family members and relatives, the dispute has been settled amicably between both the parties.
2. That the second party does not want to proceed further with the present case against the first party in any manner.
3. That as a result of the amicable settlement between the parties no useful purpose will be served in continuation of t
The court has the discretion to quash criminal proceedings based on a settlement, especially in cases where there is a pre-existing familial or personal relationship, to prevent the abuse of the cour....
The court has the power to quash criminal proceedings on the ground of a settlement, considering the private nature of the dispute and the amicable settlement reached by the parties.
The court invoked its inherent power under Section 482 Cr.P.C to quash the FIRs on the plea that continuance thereof would merely be an abuse of process of law, considering the amicable settlement be....
The court may exercise power under Section 482 Cr.P.C to quash proceedings when the offense is predominantly private and a settlement between the parties would lead to better relations and resolution....
The court can exercise its inherent powers under section 482 of the Code to quash proceedings in the interest of complete justice and to prevent abuse of the process of the court, considering the for....
The High Court cannot quash FIRs for heinous non-compoundable offences like child sexual abuse based on settlements between parties, emphasizing the need to protect societal interests.
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 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....
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