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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sh. Genda Ram – Appellant
Versus
The State of NCT of Delhi & Ors. – Respondents
Cr.M.C. 3773 of 2022
Decided On : 09-05-2023
Settlement - Criminal Procedure - The court quashed the FIR and consequential proceedings as the parties had reached an amicable settlement out of their own free will in a private dispute, satisfying the legal requirements.
Fact of the Case:
The dispute arose from a petty fight over recharge of a mobile phone, resulting in a physical altercation and injuries. The petitioner offered a settlement amount, which was accepted by the complainant.
Finding of the Court:
The court found that the parties had voluntarily entered into an amicable settlement without fear, undue influence, or coercion, and that there was no purpose in continuing with the trial.
Issues: The main issue was whether the court should quash the FIR and consequential proceedings due to the amicable settlement reached by the parties.
Ratio Decidendi: The court held that if the dispute is private in nature and the parties have entered into the settlement at their own free will, the quashing of the proceedings may be done, provided the settlement is within the four corners of the law.
Final Decision: The court quashed the FIR and all consequential proceedings arising from it.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) for quashing of FIR No. 118/2012 registered under Sections 452/323/34 of the Indian Penal Code, 1860 (IPC) PS Karawal Nagar, Delhi and all the consequential proceedings arising therefrom.
2. Briefly stated facts of the case are that the present FIR was lodged at the statement of Respondent No.2/Complainant. The dispute arose out of a petty fight over recharge of mobile phone. The quarrel turned into a physical fight and the parties suffered injuries. Thereafter, the present FIR was lodged.
3. The charge-sheet in this matter has been filed under sections 452/308/323/341/34.
4. However, It has specifically been stated that on the initiative of respondent no. 2 and the petitioner herein, the parties decided not to proceed further with the case on its merits and the petitioner had offered to pay a total sum of Rupees 2,55,000/- to the Respondent No. 2, as full and final settlement of the subject case/FIR. This offer was accepted by the Respondent No.2, and payment of complete settlement amount was made to him.
5. The Complainant-Respondent No.2 is present in person and has stated that he has entered into the settlement voluntarily without any fear, undue influence or coercion.
6. IO has duly identified the parties.
7. This was a private dispute wherein the parties have reached at an amicable settlement out of their own free will and do not wish to pursue the case further.
8. It has repeatedly been held by the Courts that if the dispute is private in nature and parties have entered into the settlement at their own free will, the quashing of the proceedings may be done. However, the Courts have to satisfy themselves that the settlement so entered into is within the four corners of the law.
9. I consider that there would be no purpose of continuing with the trial.
10. In view of the above facts and circumstances the case FIR No. 118/2012 registered under Sections 452/323/34 of the Indian Penal Code, 1860 (IPC) PS Karawal Nagar, Delhi and all the other consequential proceedings arising therefrom is quashed.
11. The present petition stands disposed of.
The court may quash proceedings if the parties have reached an amicable settlement in a private dispute, provided the settlement is within the legal framework.
The main legal point established in the judgment is that if the dispute is private in nature and the parties have entered into the settlement at their own free will, the court may quash the proceedin....
The court has the power under section 482 Cr.P.C. to quash proceedings when a settlement between parties would lead to better relations and no useful purpose is likely to be served by allowing a crim....
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 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 may quash criminal proceedings when the chances of conviction are bleak and no useful purpose is likely to be served by allowing the prosecution to continue, considering special facts of th....
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 central legal point established in the judgment is the court's power to quash criminal proceedings based on the amicable settlement between the parties, considering the nature and gravity of the ....
In personal disputes, if matters are settled amicably, a quietus should be put, and the court may quash ongoing criminal proceedings based on such settlements.
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