Back
DINESH KUMAR SHARMA
Satya Prakash @ Satprakash – Appellant
Versus
State of NCT of Delhi – Respondent
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
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
