IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Purshottam @ Bhalu & Anr. – Appellants
Versus
State (Govt. of NCT of Delhi) & Anr. – Respondents
Cr.M.C. 5398 of 2022
Decided On : 10-04-2023
Quashing - Neighbour Dispute - Sections 341/323/308/427/506/34 IPC - The court exercised its inherent power under Section 482 Cr.P.C. to quash the criminal proceedings, considering the voluntary settlement between the parties, the remote chance of conviction, and the desire to encourage social harmony and good relations between the parties.
Fact of the Case:
The petition sought quashing of a FIR registered under Sections 341/323/427/506/34 IPC, arising from a dispute between neighbours over car parking. The parties voluntarily settled their disputes, leading to a request for quashing of the complaint.
Finding of the Court:
The court found that the parties had voluntarily settled their disputes and no longer wished to pursue the complaint. It considered the remote chance of conviction and the desire to encourage social harmony and good relations between the parties.
Issues: Dispute over car parking leading to criminal complaint, voluntary settlement between the parties, exercise of inherent power under Section 482 Cr.P.C. to quash the criminal proceedings.
Ratio Decidendi: The court can exercise its inherent power to quash criminal proceedings, even in non-compoundable cases, if the parties have voluntarily settled their disputes and continuation of the proceedings would serve no purpose.
Final Decision: The court quashed the FIR and all proceedings emanating from it, considering the voluntary settlement between the parties and the remote chance of conviction.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under Section 482 Cr. P.C. seeking quashing of case FIR No. 1211/2015 dated 16.10.2015 registered at PS Shahabad Dairy, Outer District Delhi under Sections 341/323/427/506/34 IPC. The said FIR was lodged on the statement of respondent No. 2 namely Sh. Pankaj Sharma, who is an Advocate by profession. It has been submitted that Respondent No. 2/complainant and petitioners are neighbours and known to each other and the present dispute arose due to misunderstandings over the issue of car parking.
2. A perusal of the allegations made in the FIR reveals that both the parties are neighbours to each other and the incident took place over the issue of parking of the vehicles of the parties. It has been alleged that the petitioner hit the car of the respondent No.2 intentionally and caused severe damages to his car. It has been alleged that the petitioner then hit the respondent No.2 with a stick and even threatened him. On the basis of this complaint, the present FIR came to be registered against the petitioners herein. After investigation, section 308 IPC was also added and Chargesheet has been filed under sections 341/323/308/427/506/34 IPC. It has been submitted that the matter is now pending adjudication before the learned ASJ, Rohini Courts.
3. It has been submitted that subsequently, another FIR No. 1215/2015 was registered under Section 324 IPC at PS Shahabad Dairy on the basis of the complaint of the petitioner. Learned counsel for the petitioner submits that however while the proceedings were underway, with the help and intervention of family members and well-wishers, the parties amicably resolved all their disputes vide Compromise/Settlement deed dated 11.10.2022 on the following terms and conditions:
"1. That the matter has been settled between the parties amicably.
2. That the parties to the Compromise/settlement deed shall not file any complaint against each other, shall not file any claim, petition, review, revision or complaint against each other in any court/police authorities in future and this Compromise/settlement deed will be treated as full and final settlement to the parties of this Compromise/settlement deed.
3. That the first party has also undertakes to give the statement before the Hon'ble High court of Delhi for quashing of the above said FIR No. 1211/2015 or in the Ld. Trial Court in favour of the second party.
4. That the second party has also undertakes to give the statement before the competent court for the compound the offences in FIR No. 1215/2015 of P.S. Shahabad Dairy, Delhi.
5. That the first and second parties have settled all disputes and differences once for all and now nothing is due between the parties to the Compromise/settlement deed.
6. That both parties have signed this Compromise/settlement deed with their free consent, choice and without any pressure, coercion or under influence."
4. Learned counsel for the petitioner submits that the fight occurred at the spur of the moment and the FIR was lodged due to misunderstandings between the parties. The parties are neighbours and known to each other. Learned counsel submits that pursuant to the above settlement, the parties have amicably resolved all their grievances and are now residing peacefully.
5. The petitioners are present in person and the respondent No.2/complainant is appearing through VC. The parties have been identified by the IO. Respondent No.2/complainant states that the parties have settled all their disputes and there remain no other grievance between the parties. Respondent No.2/complainant states that he no longer wishes to pursue the present complaint and the same arose due to misunderstandings between the parties. Respondent No.2/complainant states that he has entered into the settlement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion and further states that he has no objection if the present F
The court can quash criminal proceedings under Section 482 Cr.P.C. if the parties have voluntarily settled their disputes and continuation of the proceedings would serve no purpose.
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 court may exercise the power under section 482 CrPC to quash proceedings when a settlement between the parties would lead to better relations and no useful purpose is likely to be served by allow....
The court can quash proceedings under Section 482 Cr.P.C if an amicable settlement is reached and continuing the proceedings would be an abuse of process of law.
The court has the power to quash criminal proceedings under section 482 Cr.P.C. when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
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