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DINESH KUMAR SHARMA
Bajranglal Garg – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
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
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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