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DINESH KUMAR SHARMA
Naresh Guliya @ Naresh Singh – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 20294/2022
Exemption allowed subject to just exceptions.
CRL.M.C. 5080/2022
1. This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No. 360/2019, dated 02.12.2019, registered under sections 354/509/506 Indian Penal Code, 1860, at PS Malviya Nagar and all consequential proceedings emanating therefrom.
2. Briefly stated facts of the case are that the above-mentioned FIR was lodged on the statement of respondent No. 2 alleging therein that the petitioner herein has sexual harassed her on several occasions. It is alleged that the Petitioner herein has made threats to her of picking her up from her house, has abused her and made dirty gestures to her.
3. However, it is submitted that now the parties have reached at a settlement vide settlement deed dated 22.04.2022. The same has been placed on record.
4. The terms and conditions of the compromise/settlement dated 22.04.2022 are as follows-
"1. That the First Party undertakes that she shall filed an application to not to proceed her complaint dated 3.8.21 before the Police Station Malviya Nagar and further undertakes to make a statement to withdrawn her complaint dated
The court may quash proceedings if a settlement between the parties would lead to better relations and the chances of an ultimate conviction are bleak.
The court may quash proceedings if the chances of conviction are bleak and a settlement between the parties would lead to better relations.
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 can quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settlement between the concerned parties.
The court may quash proceedings under Section 482 Cr.P.C if a settlement between the parties would lead to better relations and the chances of conviction are bleak.
The main legal point established in the judgment is that heinous and serious offences, especially those under Section 376 IPC, cannot be quashed based on a settlement between the parties, as they hav....
The court has the inherent power to quash criminal proceedings, even in non-compoundable cases, if it serves the ends of justice and prevents abuse of the court's process.
The main legal point established in the judgment is that heinous and serious offences like rape, which have a serious impact on society, cannot be quashed based on a settlement between the parties.
High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause o....
The court may quash criminal proceedings under section 482 CrPC when the chances of conviction are bleak and no useful purpose is likely to be served by allowing the prosecution to continue.
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