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DINESH KUMAR SHARMA
Tofik Alam – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed seeking quashing of FIR No.0053 dated 06.02.2019 registered under Section 354/323/509/34 IPC and 12 POCSO at PS Keshav Puram.
2. The factual matrix of the case is that the parties are neighbours and are residing in the same vicinity. On 04.02.2019 due to some misunderstanding, a quarrel took place between the parties and subsequently FIR no. 53/2019 was lodged on the statement of Tara Devi w/o Kamlesh Kumar under Section 354/323/509/34 IPC at PS Keshav Puram. It is pertinent to note that on the same day cross FIR no.54/2019 was also lodged on the statement given by petitioner no.4/Muskan.
3. However, learned counsel submits that during the pendency of the proceedings, the parties have entered into a settlement/MoU dated 03.09.2022 voluntarily on the following terms and conditions:
(i) Both the parties i.e. First Party and Second Party have undertaken that they would withdraw the allegations against each other from their heart and mind.
(ii) It has been agreed between the First Party and the Second Party that the First Party shall co-operate with the Second Party and shall make necessary statements before the Ho
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 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 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....
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 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 may exercise power under section 482 Cr.P.C. for quashing the proceedings based on a settlement agreement and may impose constructive measures on the parties.
The court may exercise the power under section 482 CrPC to quash proceedings when a settlement between the parties would lead to better relations and no useful purpose is likely to be served by allow....
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.
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