The court may exercise power under section 482 Cr.P.C. to quash criminal proceedings when a settlement between the parties would lead to better relations and no useful purpose would be served by allowing the prosecution to continue.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present petitions have been filed seeking quashing of FIR No.666/2013 dated 30.10.2013 registered under sections 323/354A/34 IPC at PS Seemapuri and FIR No.665/2013 dated 30.10.2013 registered under sections 323/341/34 IPC at PS Seemapuri.

2. Briefly stated facts of the case are that the present FIRs are cross FIRs which arose out of private dispute regarding pending payments to be made between the parties. However, during the course of proceedings the parties have amicably settled the matter between themselves with the intervention of relatives and respectable members of the society.

3. The Settlement deed/MoU dated 12.12.2022 in on record and has the following terms and conditions:

"1. That now after signing this MOU cum settlement there is no any kind of financial/monetary disputes pending in between parties of this Memorandum of Understanding (MOU) Cum settlement Deed as it is settled between all the parties that they will withdraw all their pending litigation cases/suits/arbitration proceedings/complaints if any) filed against each other as mentioned herein above and even undertake not to repeat the same in future.

2. That all the parties have agreed and undertake to fully cooperate with each other in withdrawing or Quashing or Compounding as necessitated by Law as per the condition and nature of the case(s)/suit(s)/arbitration proceedings filed between the present Parties.

3. That it is also agreed between both the parties that the both the Parties of the present MOU cum settlement deed would provide a no objection and no dues certificate to each other with regards to their past associations (if any).

4. That the parties of this Memorandum of Understanding (MOU) Cum Settlement Deed hereby confirm and agree that all the financial/monetary disputes and differences between them would stand fully and finally settled subject to the terms of this agreement and they do not have any further claims, of any nature whatsoever against each other parties to this Memorandum of Understanding (MOU) Cum Settlement Deed concerning their previous engagements with each other. The parties undertake not to initiate any other legal proceedings against each other with respect to the above-mentioned complaints/cases/suit/arbitration proceedings mentioned herein above.

5. That it is agreed that if any of the parties of this Memorandum of Understanding (MOU) Cum Settlement Deed would fail to fulfill obligations on his part the other parties will have full right to pursue legal proceedings and revive his/her complaint/case/suit/arbitration proceedings against each other and shall not be bound by the terms and conditions of this Memorandum of Understanding (MOU) Cum Settlement Deed and if any party of the MOU violates its terms and conditions then a penalty of Rs-25,00,000/- (Rupees Twenty Five Lakhs Only), would be imposed upon the violating party(s) to be paid to the other party(s) and that can be recoverable through court of Law."

4. IO has identified the parties.

5. 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 criminal prosecution to continue, and where the court may be of the opinion that a settlement between the parties would lead to better relations between them, the court may exercise power under section 482 Cr.P.C. for quashing the proceedings or the complaint or the FIR as the case may be.

6. I consider that there would be no purpose of continuing with the proceedings. The parties have amicable settled the matter. In view of the settlement deed along with the facts and circumstances of the case FIR No.666/2013 dated 30.10.2013 registered under sections 323/354A/34 IPC at PS Seemapuri and FIR No.665/2013 dated 30.10.2013 registered under sections 323/341/34 IPC at PS Seemapuri and all the proceedings arsing therefrom are quashed.

7. Both the petit