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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Shri Bajranglal Garg – Appellant
Versus
State Govt. of NCT of Delhi & Ors. – Respondents
Cr.M.C. 5872 of 2022, Cr.M.A. 23053 of 2022
Decided On : 06-04-2023
FIR Quashing - Settlement Agreement - IPC 288/304A - [IPC 288, IPC 304A] - The court quashed the FIR and subsequent proceedings based on a settlement agreement between the parties, where the respondents received the entire settled amount and expressed no wish to pursue the complaint. The court considered the settlement to be voluntary and without coercion, leading to the decision to quash the FIR and proceedings.
Fact of the Case:
The petitioner sought to quash an FIR registered under Sections 288/304A IPC, relating to the accidental death of Sh. Dinesh due to electrocution during an electricity wiring job. The parties reached a settlement agreement, and the respondents no longer wished to pursue the complaint.
Finding of the Court:
The court found that the settlement was voluntary and without coercion, and the respondents had received the entire settled amount. It concluded that the continuance of the FIR would serve no useful purpose and may cause prejudice to the petitioner, leading to the decision to quash the FIR and subsequent proceedings.
Issues: The main issue was whether the court should quash the FIR and subsequent proceedings based on the settlement agreement and the respondents' expressed wish not to pursue the complaint.
Ratio Decidendi: The court considered the voluntary nature of the settlement, the receipt of the entire settled amount by the respondents, and their express wish not to pursue the complaint as the basis for quashing the FIR and subsequent proceedings.
Final Decision: The court quashed the FIR No. 0582/2022 dated 16.10.2022 registered at PS Mohan Garden, Dwarka, Delhi, under Sections 288/304A IPC and all proceedings emanating therefrom based on the settlement agreement and the respondents' expressed wish not to pursue the complaint.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed seeking quashing of FIR No. 0582/2022 dated 16.10.2022 registered at PS Mohan Garden, Dwarka, Delhi, under Sections 288/304A IPC. It has been submitted that the Petitioner and the respondent Nos. 2 to 4 herein are neighbors living in the same vicinity and there has been no other dispute between them besides the present proceedings.
2. Facts in brief are that on 16.10.2022, the petitioner requested the deceased Sh. Dinesh to carry out some electricity wiring job of the submersible pump located at his property, which is where the accident took place and Sh. Dinesh passed away due to electrocution. The petitioner was not stated to be present when the accident took place, however the deceased was rushed to the hospital by the brother of the petitioner. The deceased was declared brought dead and pursuantly the present FIR came to be registered on the complaint of a police officer namely Deshraj Meena. Thereafter, a complaint was also filed by the respondent No.3 i.e. the brother of the deceased.
3. The deceased left behind him his wife, son and parents, who are parties in the present proceedings. Respondent No. 2 is the wife of the deceased, respondent No.3 is the brother of the deceased, respondent Nos. 4 is the minor son of the deceased and respondent nos. 5 & 6 are the parents of the deceased.
4. Learned counsel for the petitioner submits that thereafter, during the course of the proceedings the petitioner and respondent No. 2 to 6 resolved all their disputes and arrived at an amicable settlement vide settlement agreement dated 19.10.2022 on the following terms and conditions:
"1. It is stated/agreed between the parties that Second Party shall pay Rs. 10,00,000/- (Rupees Ten Lakh Only) to Smt. Urmila Devi towards full and final settlement of all the claims of First Party against Second Party i.e. their claims in respect of above accident and death of St Dines.
2. That the Second Party has paid Rs.5,00,000/- (Five Lakh Only) to Smt. Urmila Devi vide DD No.658863 dated 19.10.2022 issued from Canara Bank while the balance amount of Rs 5,00,000/- shall be paid to Smt. Urmila Devi at the time of quashing of above stated FIR.
3. That the First Party has agreed to co-operate the Petitioner to get the aforesaid FIR quashed before this Hon'ble High Court of Delhi.
4. It is agreed between the parties that on making entire payment of Rs.10,00,000/- (Rupees Ten Lac only) in the manner agreed hereinabove, no claim (past, present, future) would be left of First Party against Second Party or in respect of anyone about death of Shri Dinesh.
5. That both the parties agree that no other case/complaint or representation has been filed by them against each other or against each other's family members apart from one's mentioned herein above and in case the same if found to be pending-in my judicial or quasi judicial forum, the same shall be deemed to have been withdraw in view of the present settlement.
6. That both the parties are executing the present settlement agreement out of their own free will voluntarily after having understood the terns of present agreement with full consent without any force, fraud, coercion or influence. The contents of the settlement have been explained to the parties in vernacular and they have understood the same and have admitted the same to be correct."
5. Learned counsel submits that in terms of the settlement, the respondents have already received half payment from the entire settled amount of Rs. 10,00,000/-. It has been submitted that the respondents no longer wish to pursue the present complaint and wants to put a quietus to the same on account of the settlement arrived between the parties.
6. The parties are present in person and have been duly identified by the IO. Respondent No. 2 i.e. wife of the deceased states that in terms of the settlement she has already received Rs. 5,00,000/- from the petitioner. She states that the remainin
The voluntary nature of a settlement agreement, the fulfillment of its terms, and the express wish of the parties not to pursue a complaint can be grounds for quashing an FIR and subsequent proceedin....
Voluntary and lawful settlements in private disputes may lead to the quashing of proceedings.
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 quash an FIR if an amicable settlement has been reached between the parties and the continuance of the FIR would serve no useful purpose and may cause prejudice to the petitioner.
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....
Voluntary settlement between parties and lack of desire to pursue the complaint can be grounds for quashing an FIR.
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