The court may exercise power under section 482 CrPC to quash criminal proceedings when the chances of conviction are bleak and a settlement between the parties would lead to better relations.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed seeking quashing of case FIR No. 0044/2021 registered with police station Mayapuri against the petitioner under sections 285/336/337 of I.P.C.

2. Briefly stated facts of the case are that the present FIR no. 44/2021 was lodged on the statement of Respondent No.3/Complainant alleging therein that on 18.03.2021 his brother Vishwanath/ Respondent No.2 was doing the work of CNG Kit packing at the shop owned by Surpreet Singh/Petitioner. It is alleged that when Respondent no.3 reached the shop, he saw Petitioner was trying to open a valve of the CNG Cylinder kit. It is further alleged that when the petitioner was trying to open the valve suddenly a blast occurred from the said cylinder kit and valve hit the head of Respondent No.2. It is stated that Petitioner immediately took Respondent no.2 to the DDU Hospital. Upon reaching the Hospital Complainant/Respondent No.3 found out that the petitioner wrongly informed the Doctor that the injured had met with a road accident and he left the hospital. Upon this the FIR was lodged.

3. It is submitted that vide order dated 25.05.2023, the matter was referred to the Delhi High Court Mediation and Conciliation Centre.

4. It is further submitted that the parties have reached on an amicable settlement vide settlement agreement dated 02.06.2023 at the Delhi High Court Mediation and Conciliation Centre on the following terms and conditions:

1) That "First Party" has agreed to pay a sum of Rs. 4,40,000/- (Rupees Four Lakh Fifteen Thousand Only) as full and final settlement amount to Shri Vishwanath Gupta, First Constituent of the Second Party and Shri Vishwanath Gupta has agreed to accept the same towards all his claims arising out of the incident having occurred on 18.03.2023.

2) The parties agree that out of the agreed amount of Rs. 4,40,000/- (Rupees Four Lakh Forty Thousand Only) a sum of Rs. 1,15,000/- has already been paid by the First Party to Shri Vishwanath Gupta, First Constituent of the Second Party and the balance amount of Rs. 3,00,000/- shall be paid by the First Party to Shri Vishwanath Gupta, First Constituent of the Second Party by a Bank Draft/Demand Draft in his name, "Vishawnath Gupta" before the Hon'ble Court at the time of quashing of the FIR No. 0044/2021, PS Mayapuri. The Parties agree that out of the agreed amount of Rs. 4,40,000/- a sum of Rs. 25,000/- is being part towards litigation cost/ Lawyer's fee, which has been paid by the First Party to the Counsel for the Second Party at the time of signing of the Present Settlement Agreement. Shri Vishwanath Gupta, First Constituent of the Second Party agree that the mis-happening, resulting into injuries to him was merely an inadvertent accident and he shall have no objection if the Hon'ble court quashes in its discretion the above said FIR in the interest of justice.

3) Shri Vishwanath Gupta, Constituent of the Second Party shall aid, assist & co-operate the "First Party" in the process of withdrawal/compounding/ quashing of above criminal Case/FIR No. 0044/2021, registered u/s 285/336/337/338/201 of Indian Penal Code, at PS: Maya Puri which is pending in the Court of Sh. Milan Goel, Ld. MM, West District, Tis Hazari Courts, Delhi and further agree that Shri Vishwanath Gupta, Constituent of the Second Party shall co-operate by signing and moving the Petition, Affidavits by Appearing before the Concern Court or before Hon'ble High Court of Delhi, at New Delhi for ultimate withdrawal/ compounding/quashing of said criminal Case/FIR No. 0044/2021, registered u/s 285/336/337/338/201 of Indian Penal Code, at PS: Maya Puri.

4) Shri Vishwanath Gupta, First Constituent of the Second Party shall have no complaints/ grievances against the "First Party" whatsoever with regard to above said criminal Case/FIR No. 0044/2021 in future and shall have no right to initiate any kind of the legal proceedings arising out of above-mentioned criminal Case/FIR No. 0044/20