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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Smt Harmeet Kaur – Appellant
Versus
The State Govt. of NCT of Delhi & Anr. – Respondents
Cr.M.C. 2664 of 2022, Cr.M.C. 2671 of 2022
Decided On : 29-05-2023
Quashing of FIR - Landlord-Tenant Dispute - The court exercised power under section 482 Cr.P.C to quash the FIRs as the parties had amicably settled the dispute, and the court considered that continuing with the proceedings would serve no purpose.
Fact of the Case:
The FIRs were registered as a result of a landlord-tenant dispute, which had been amicably settled by the parties. The settlement agreement included payment of a sum of money and the vacation of the property by the tenant.
Finding of the Court:
The court found that the parties had settled the disputes between themselves amicably and that continuing with the proceedings would serve no purpose.
Issues: The main issue was whether the court should exercise its power under section 482 Cr.P.C to quash the FIRs in a predominantly private dispute that had been amicably settled.
Ratio Decidendi: The court considered that where the dispute is predominantly private in nature and a settlement between the parties would lead to better relations, it may exercise power under section 482 Cr.P.C to quash the proceedings.
Final Decision: The court quashed the FIRs and all other proceedings emanating therefrom, considering that the parties had reached an amicable settlement and continuing with the proceedings would serve no purpose.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 15021/2023 in CRL.M.C. 2664/2022
Exemption allowed subject to just exceptions.
CRL.M.A. 15020/2023 in CRL.M.C. 2664/2022
CRL.M.A. 14940/2023 in CRL.M.C. 2671/2022
1. Learned counsel for the parties submit that the order dated 27.04.2023 seems to have been passed inadvertently.
2. Learned counsel for the petitioner submits that in fact the quashing petitions were filed on the basis of settlement.
3. Both the counsels state at bar that no such statement for withdrawal was made.
4. In view of the submissions made by the learned counsels at the bar, the petitions are restored to its original number.
5. Both the applications stand disposed of.
CRL.M.C. 2664/2022
CRL.M.C. 2671/2022
6. Present Petitions have been filed under section 482 Cr.P.C seeking quashing of FIR no. 529/2021 dated 15.06.2021 registered under sections 323/451/354/354B/34 IPC at PS Khayala and FIR no. 528/2021 dated 15.06.2021 registered under sections 323/354/354A/354B/506/509/34 IPC at PS Khayala.
7. Briefly stated facts of the case are that The FIR No. 529/2021 under Sections 323/451/354/354(B)/34 IPC registered at PS Khyala was registered on the statement of respondent no.2 in CRL.M.C. 2664/2022 and FIR No. 528/2021 under Sections 323/354/354(A)/354(B)/506/509/34 IPC registered at PS Khayala on the statement of respondent no.2 in CRL.M.C. 2671/2022, the present FIRs were an outcome of a landlord-tenant dispute which has now been amicably settled.
8. The parties are present and submit that they have settled the disputes between themselves amicably out of their own free will without any fear, force or coercion.
9. It is further submitted that in fact the compromise deed has already been executed on 02.03.2022.
10. The terms of the Compromise Deed/Settlement Agreement are as follows:
"1. The First Party agree to pay to the Second Party {Tenant) the sum of Rs. 3,00,000/- (Rupees Three Lakhs) as an all-inclusive settlement payment for any and all Claims ("settlement payment'). It is agreed between the First Party and Second Part (Tenant) that First Party shall pay this sum of Rs. 3,00,000/- (Rupees Three Lakhs) to be paid by way of Cash/Demand Draft on the day of passing of final order by the Hon'ble High Court of Delhi in the quashing petition.
2. The Second Party {Tenant) agree to completely vacate the property situated at WZ-283/123, Maddi Wali Gali, Gali No. 4, Vishnu Garden, New Delhi- 11O018, which shall include the removal of all furniture and personal things7 that belong to the Second Party (Tenant), on the day of passing of final order by the Hon'ble High Court of Delhi in the quashing petition.
3. The Second Party (Tenant) hereby acknowledges that the Settlement Payment paid to Second Party (tenant) -through this agreement constitutes the full and complete settlement of any and all claims against the First Party persons.
4. Upon payment to Second Party (Tenant) of the settlement Payment, the First Party shall have no further obligation to Second Party (Tenant) in any respect.
5. In effecting this compromise deed, each signatory hereto certifies that he or she has read all the terms of this compromise deed and fully understands it. This compromise deed has been fully negotiated between the First Party and the Second Party."
11. In pursuance to the Settlement Agreement a DD No. 801825 dated 13.03.2023 in the name of Pritam for a sum of Rs. 3,00,000/- (Rupees Three Lacs only) drawn from Kotak Mahindra Bank has been handed over today.
12. It is time and again reiterated by the Apex court and this court that where the dispute is predominantly private in nature and do not have a serious impact on the society 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 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.
13. Taking into account the fac
The court may exercise power under section 482 Cr.P.C to quash proceedings in a predominantly private dispute where a settlement between the parties would lead to better relations.
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 central legal point established in the judgment is the exercise of inherent power under Section 482 Cr.P.C. to quash criminal proceedings based on an alleged settlement, with the aim of maintaini....
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 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 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 central legal point established is the court's power to quash FIRs based on settlements and the importance of preventing the abuse of the court process.
The court may exercise power under section 482 CrPC to quash proceedings if a private dispute can be resolved through an amicable settlement, leading to better relations between the parties.
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