IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Dhruv Chand Pathak – Appellant
Versus
The State Govt. of NCT of Delhi & Anr. – Respondents
Cr.M.C. 6963 of 2022
Decided On : 25-04-2023
Quashing of FIR - Criminal Law - Sections 323/354/34 IPC
Fact of the Case:
The petitioner filed a petition under section 482 CrPC for quashing of FIR No.256/2013 registered under Sections 323/354/34 IPC at P.S. Rajouri Garden. Both parties entered into a compromise, and the settlement deed was presented to the court.
Finding of the Court:
The court found that the parties had amicably settled the matter and, considering the settlement deed and the circumstances of the case, quashed the FIR and all other proceedings emanating from it. The court also expressed disapproval of the trend of lodging FIRs and later seeking quashing on the basis of settlement, imposing a cost of Rs. 25,000 on the petitioner for burdening the judicial system.
Issues: The issues involved the quashing of the FIR and the burden on the judicial system due to the trend of seeking quashing of FIRs based on settlement.
Ratio Decidendi: The court may exercise power under section 482 CrPC for quashing the proceedings if the chances of conviction are bleak and a settlement between the parties would lead to better relations. However, the trend of lodging FIRs and later seeking quashing on the basis of settlement is not encouraged as it burdens the judicial system.
Final Decision: The petition was disposed of, and the FIR along with all other proceedings emanating from it were quashed. The petitioner was burdened with a cost of Rs. 25,000 for putting the burden on the judicial system.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition filed under section 482 CrPC for quashing of FIR No.256/2013 registered under Sections 323/354/34 IPC at P.S. Rajouri Garden. After investigation, Charge sheet has also been filed by the IO under sections 323/341/354/354-B/34 IPC.
2. Briefly stated facts of the case are that the present FIR was lodged on the statement of respondent no.2 alleging therein that petitioner/accused had misbehaved and molested her. It has been stated that a cross FIR was lodged by the petitioner herein against the respondent no.2 bearing FIR No. 182/2013 under Section 323 IPC registered at PS Rajauri Garden.
3. However, now both the parties have entered into the compromise vide compromise deed dated 3 November 2022. The said compromise deed has been placed on record and the terms of the compromise deed are as under:
"1. That it has been agreed between both the parties that the Second Party shall make payment of Rs.6,00,000/- (Rupees Six Lacs Only) by way of full and final settlement to the First Party, Complainant w.r.t. all the disputes/claims including criminal case got registered by First Party vide FIR No.191/2014 P.S. Barakhamba Road, New Delhi against Second Party, his previous employer Mjs. Nirmal Bang Securities Pvt. Ltd. and its Director Sh. Kamal Bang.
2. That it is further agreed that the agreed amount of Rs.6,00,000/- shall be paid by the Second Party in two instalments/parts to the First Party. Out of which, Rs.5,00,000/- shall be paid to the First Party by the Second Party at the time of the grant of Regular Bail to the Second Party before the Sessions Court at Patiala House Courts New Delhi and balance amount of Rs. 1,00,000/- shall be paid by the Second Party to the First Party at the time of of making statement and quashing of the FIR No. 191/2014 under Sections 419/420/468/471 IPC before Hon'ble High Court of Delhi.
3. That the aforesaid sum of Rs.6,00,000/- shall be paid by the Second Party by way of Demand Draft in two parts. The details of the same are given as under:
| Sr. No. | Demand Drafts | Date | Amount (In Rs.) |
| 1. | DD No. 532467 issued by Kotak Mahindra Bank, Agra. | 30.03.2019 | Rs.5,00,000/- |
| 2. | DD No. 532468 issued by Kotak Mahindra Bank, Agra. | 30.03.2019 | Rs.1,00,000/- |
4. That it has been agreed between the parties to this Deed that, the First Party hereby withdraws all his allegations made in said FIR No. 1 91 I 20 14 against the Second Party and his previous employer including Director Sh. Kamal Banga as mentioned above. Accordingly the First Party shall assist and facilitate the Second Party for getting the FIR No. 191/2014, U/s. 419/420/468/471/IPC with P.S. Barakhamba Road, New Delhi quashed against the Second Party and his said previous employer and said Director as mentioned above before Hon'ble High Court of Delhi and also assist the Second Party, in the meantime to obtain regular Bail from the Session Court/Trial Court.
5. That it has been agreed that the First Party, complainant shall withdraw all his cases including criminal complaint or civil suit if any, immediately without any further delay and shall not claim any sum/amount from the Second Party or his employer or any other person related to Second Party, apart from the amount of Rs.6,00,000/mentioned herein above received by the First Party by way of full and final settlement of all his disputes/claims consisting of financial loss plus interest, cost, expenses incurred thereon on account of above said share certificates.
6. That the First Party further states and confirms that except lodging of criminal complaint resulting into registration of FIR No. 191/2014 dated 16.12.2014, no other civil or criminal case has been lodged by the First Party against the Second Party or his previous employer etc.
7. That at it has been further agreed that the first party undertakes to sign, verify, make statements on affidavit and also makes himself present before the Hon'ble Delhi High Court, Session/Trial Court or any other court of l
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 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 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 allo....
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 emphasized that when parties have entered into a compromise, continuation of proceedings would be an abuse of process of the Court, and quashing the FIR would secure the ends of justice.
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
The main legal point established in the judgment is the need for caution and sparing use of the High Court's power to quash criminal proceedings under Section 482 Cr.PC, especially in cases with a pr....
The power under Section 482 Cr.P.C. should be exercised to secure the ends of justice and prevent abuse of the process of any court. The possibility of conviction being remote and bleak due to a sett....
The power of the High Court to quash criminal proceedings under Section 482 of Cr.P.C. should be exercised to secure the ends of justice and prevent the abuse of the process of any Court. Serious and....
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