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DINESH KUMAR SHARMA
Ashish Dev – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking to quash the Criminal case bearing no. CC No. 1563/2019 arising out of FIR No. 0262/2016 registered at PS Najafgarh under Section 288/304A IPC. The FIR was lodged alleging therein that the deceased was welding the diesel tank at the accident spot near Delhi Gate Najafgarh where Metro work was going on. It was stated that due to sudden thunderstorm and heavy rains, an accident took place at the site where a Vertical pump installed with its moveable frame, from the past 18 Months, suddenly toppled and fell on the deceased worker namely Sh. Kameshwar Singh. After investigation, the charge sheet was filed before the Learned CMM, Dwarka Court, New Delhi under Section 288/304A IPC.
2. Learned Counsel for the petitioner submits that during the pendency of the proceedings, the parties have reached at a settlement in the year 2021. He submits that since the parties have resolved their claims and spites amicably, it would be in the interest of justice if the present FIR along with all the proceedings emanating therefrom is quashed.
3. The settlement agreement has been placed on record and the terms and cond
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 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 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 quash proceedings under section 482 CrPC if a settlement between the parties would lead to better relations and the chances of conviction are bleak. However, the trend of lodging FIRs a....
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 non-compoundable offences when there is a personal settlement between parties, provided it does not impact societal interests.
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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