IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Satya Prakash @ Satprakash & Ors. – Appellants
Versus
State of NCT of Delhi & Ors. – Respondents
Cr.M.C. 4187 of 2022
Decided On : 26-04-2023
Quashing of FIR - Settlement Agreement - The court exercised its inherent power under section 482 CrPC to quash the proceedings arising out of the FIR based on a settlement agreement between the parties, emphasizing the importance of amicable settlement in private disputes.
Fact of the Case:
The parties were involved in a private dispute which led to the filing of an FIR. However, they reached a settlement agreement before the Mediation Centre, Dwarka Courts.
Finding of the Court:
The court found that the settlement agreement was entered into voluntarily without any force, fear, or coercion, and decided to quash the FIR and all related proceedings.
Issues: The main issue was whether the court should exercise its inherent power under section 482 CrPC to quash the proceedings based on the settlement agreement.
Ratio Decidendi: The court emphasized the importance of amicable settlement in private disputes and exercised its inherent power under section 482 CrPC to quash the proceedings based on the settlement agreement.
Final Decision: The court quashed the FIR bearing no.0002/2019 dated 05.01.2019 registered under Section 341/452/323/354(B)/509/506/34 IPC and all the other proceedings emanating therefrom.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed seeking quashing of FIR 0002/2019 dated 05.01.2019 registered under Section 341/452/323/354(B)/509/506/34 IPC. The FIR was lodged on the statement of Roshni Devi. A perusal of the FIR indicates that some quarrel took place between the parties who are related to each other and accordingly, the present FIR was also lodged
2. Learned Counsel for the petitioner submits that on similar facts a cross FIR was also filed bearing no.3/2019 under Section 323/341/506/34 IPC at PS Jafarpur Karan. He submits that after registration of the above-said cross FIRs, the parties have reached a settlement before the Mediation Centre, Dwarka Courts. The terms and conditions of the settlement read as under:
"4. After mutual discussion, the complainant has voluntarily, peacefully and amicably settled all his disputes without any coercion, pressure, undue influence, force, misrepresentation or mistake, with the respondents, with respect to the present case as well as above mentioned connected case, on the following terms and conditions:
(a) The complainant shall pay a total sum of Rs.55,000/- (Rupees Fifty five thousand only) to the respondents as full and final settlement, by way of cash/demand draft, in two instalments, as under:
(i) The first installment of Rs.20,000/- (Rupees twenty thousand only) shall be paid by the complainant to the respondent on or before 19.05.2022.
(ii) The second installment of Rs.35,000/- (Rupees thirty five thousand only) shall be paid by the complainant to the respondents, at the time of filing of petition before the Hon'ble High court of Delhi for quashing of FIR no.2/2019 u/s 323/341/452/354/354A/354B/506/509/34 IPC, PS Jafarpur Kalan. State vs. Satya Prakash @ Satprakash & Others which shall be filed by Sh. Satya Prakash, within one month from today.
(b) The complainant shall give appropriate statement for compounding the offences under Section 323/341/506/34 IPC before the Ld.Referral Court within fifteen days after passing of quashing order in above mentioned connected case, or as directed by Ld.Referral Court.
5. The parties shall be bound by the terms and condition as mentioned above.
6. In case. Any party fails to perform their part of settlement, the other party shall be at liberty to take action as per law.
7. All the parties shall bear their respective cost of litigation.
8. By signing this settlement, all the parties state that they have no further claims or demands against each other with respect to the present case and all the disputes and differences in this regard have been amicably settled by the parties during the process of mediation.
3. The parties are present in court and have duly been identified by the IO. They state that the terms of the settlement agreement have been complied with and that pursuant to the settlement, the parties will make a statement before the learned trial court for the compounding of offence. They state that they have no objection if the FIR under reference along with all the consequential proceedings are quashed.
4. High Courts in the exercise of their inherent power u/s 482 CrPC can quash the proceedings arising out of an FIR either to prevent abuse of the process of the court or otherwise to secure the ends of justice. However, the exercise of such power would depend upon the facts and circumstances of each case.The powers possessed by the High Courts under section 482 Cr.P.C. are very wide and the very plenitude of the power requires great caution in its exercise. The High Court would exercise its extraordinary jurisdiction under section 482 CrPC, where it finds that non-interference shall result in abuse of the process.
5. I have considered the submissions made by the parties. The present case is predominantly in the nature of a private dispute, there does not seem to be any other dispute between the parties. This court and Hon'ble Supreme Court have repeatedly opined that it is always better and desi
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 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.
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 court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings if the possibility of conviction is remote and bleak, and continuation of the case would be an abuse ....
Courts may quash FIR and criminal proceedings based on settlement reached between the parties, considering the free will of the parties and the totality of facts and circumstances.
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 exercise power under section 482 Cr.P.C. for quashing the proceedings based on a settlement agreement and may impose constructive measures on the parties.
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
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....
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