Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Vinay Hans – Appellant
Versus
State (NCT of Delhi) & Ors. – Respondents
Cr.M.C. 6914 of 2022
Decided On : 12-05-2023
Section 482 Cr.P.C. - Quashing of FIR - Settlement Deeds - 287/304A IPC
Fact of the Case:
The petitioner filed a petition under section 482 of Cr.P.C. to quash FIR No. 0377/2022 under Section 287/304A IPC, which was registered due to the death of an individual while working for the petitioner. The petitioner had previously settled the matter amicably with the deceased's family and the helper who was injured in a separate incident.
Finding of the Court:
The court found that the parties had amicably settled the matter, and continuing with the proceedings would serve no purpose. The court exercised its power under section 482 Cr.P.C. to quash the proceedings and the FIR.
Issues: The main issue was whether the court should quash the FIR and proceedings in light of the amicable settlements between the parties.
Ratio Decidendi: The court cited the powers under Section 482 Cr.P.C., which are to be exercised sparingly with caution and only in the event when the conditions of giving effect to an order, preventing the abuse of the process of court, and securing the ends of justice are satisfied. The court also referred to previous judgments stating that when the chances of an ultimate conviction are bleak and a settlement between the parties would lead to better relations, the court may exercise power under section 482 CrPC for quashing the proceedings.
Final Decision: FIR No. 0377/2022 under Section 287/304A IPC and all the other proceeding emanating therefrom were quashed, and the present petition was disposed of.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 of Cr.P.C. for quashing case FIR No. 0377/2022 under Section 287/304A IPC registered at P.S. Vijay Vihar, New-Delhi.
2. The FIR was lodged on the statement of SI Rajiv Kumar/complainant. The brief facts of the case are that respondent no. 4 Mr. Asif was working as a helper for the petitioner and was injured during an incident. On humanitarian grounds the petitioner took care of all the medical treatment and compensated respondent no. 4. The matter was also settled amicably. The deceased Sh. Deepak Singh Rana is son of respondent no. 2 & 3 and was working as a helper for the petitioner and was employed by the petitioner on 12.05.2022. He worked for 9 days for the petitioner. The deceased died due to electric shock while fitting the Flex Board. The petitioner tried hard to save the life of the deceased but could not succeed. The petitioner even before the incident took place has helped the deceased and his family by providing monetary help. As now the disputes have been settled amicably the total compensation fixed was Rs.3,46,000/- (Rupess Three Lakh Forty Six Thousand Only). It is pertinent to mention here that there exists two settlement deeds between the parties.
3. The settlement deed dated 20th October 2020 was entered between Sh. Vinay Hans/Petitioner and respondent no. 4 with the following terms and conditions:
"1. That both, FIRST PARTY and SECOND PARTY are citizens of REPUBLIC OF INDIA and their nationality is INDIAN.
2. That both, FIRST PARTY and SECOND PARTY are of absolute sound-mind and fully competent and wilfully signing this Compromise/Settlement Deed.
3. That the FIRST PARTY has already paid for the treatment and medical bills of the SECOND PARTY. The SECOND PARTY does not required any further compensation from the FIRST PARTY and the SECOND PARTY agreed to compromise for the same.
4. That after execution of this Compromise/Settlement Deed, both PARTIES shall not file any case against each other. Further no claim will stand due against each other in future. Whereas the SECOND PARTY will not be entitled for any further compensation in future against the above mentioned FIR.
5. That Both Parties are now interested in to continue their Cordial Relation.
6. That both the PARTIES hereby mutually agreed upon the terms and conditions set-forth in this Compromise/Settlement Deed which is understood to them in vernacular.
That on execution of this Compromise/Settlement Deed both the PARTIES shall abide by the terms and condition set-forth and if any of the PARTY breaches it, the other PARTY shall be entitled to take appropriate legal actions against the PARTY breaching this agreement."
4. The second settlement deed was entered between Sh. Vinay Hans and respondent no. 2 and 3 on 29th July,2022 with the following terms and conditions:
1. That both, FIRST PARTY and SECOND PARTY are citizens of REPUBLIC OF INDIA and their nationality is INDIAN.
2. That both, FIRST PARTY and SECOND PARTY are of absolute sound-mind and fully competent and wilfully signing this Compromise/Settlement Deed.
3. That the total compensation amount stands Rs.3,46,000/- out of which Rs.96,000/- already paid to the deceased which shall be treated as compensation and Rs.2,90,000/- will be paid to the SECOND PARTY as full and final settlement amount against the FIR lodged and the SECOND PARTY agreed to compromise for the same.
4. That the FIRST PARTY will pay the said amount via 2 (Two) Demand-Drafts amounting Rs.1,25,000/- (Rupees One Lakh Twenty five Thousand Only) each, one in the name of SH. SADLU S/o SH. BIRJ BHUSHAN R/o Ailiparsauli, Gonda, Uttar Pradesh 271402 holding account no. 90461700004234 and another in the name of SMT. ROOPA W/o SH. SADLU R/o Ailiparsauli, Gonda, Uttar Pradesh 271402 holding account no. 90460100014937.
5. That the FIRST PARTY will hand over the said Demand-Drafts to the SECOND PARTY at the time of quashing of the FIR in the Court.
5. How
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 exercise power under Section 482 Cr.P.C to quash criminal proceedings when the chances of an ultimate conviction are bleak, and a settlement between the parties would lead to better rel....
The court may exercise power under Section 482 Cr.P.C. to quash criminal proceedings when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
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 exercise its 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 ....
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 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 High Court has the inherent power to quash criminal proceedings even in non-compoundable cases when parties have settled the matter between themselves, in line with the guidelines set by the Supr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
