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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ram Lubhaya Sehgal & Ors. – Appellants
Versus
State (Govt. of NCT of Delhi) & Anr. – Respondents
Cr.M.C. 4032 of 2022, Cr.M.A. 16813 of 2022
Decided On : 12-07-2023
Section 482 Cr.P.C. - Quashing of FIR - Amicable Settlement
Fact of the Case:
The petition was filed seeking quashing of FIR No 285/2017 registered under Sections 380/448//34 IPC. The parties had entered into a settlement and sought to quash the FIR.
Finding of the Court:
The court interacted with the complainant and Investigating Officer, who confirmed the voluntary nature of the settlement and absence of other pending cases. The court considered the wide scope of powers under Section 482 Cr.P.C. and the interest of social harmony.
Issues: The main issue was whether the court should exercise its power under Section 482 Cr.P.C. to quash the FIR based on the amicable settlement between the parties.
Ratio Decidendi: The court relied on the guidelines engrafted in Section 482 Cr.P.C. and previous case law to consider the voluntary nature of the settlement and the interest of social harmony in quashing the FIR.
Final Decision: The court quashed the FIR and directed both parties to plant 500 trees each within their vicinity.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No 285/2017 registered at PS Patel Nagar, under Sections 380/448//34 IPC.
2. Facts in brief are that the present FIR was lodged on the statement of respondent no.2 alleging therein that on 31.08.2017 at night when his nephew was coming back home after closing the tailoring shop situated at Baljeet Nagar, Delhi, all accused persons namely Ram Lubhaya, Neelam Sehgal, Gaurav Sehgal, Ramesh Sehgal and Deepal Sehgal hatched a conspiracy and broke the lock of the shop. Thereafter, they stole all the articles lying in the shop and put their lock.
3. After the investigation the charge-sheet was filed under sections 380/448/457/34 IPC
4. It is submitted that now the both parties have entered into Settlement vide MoU dated 29.06.2022 on following terms and conditions:
1.That it has been agreed between both the parties that they will appear before the Hon'ble High Court of Delhi and will give their respective statements in order to get the F.I.R. compounded before the Ld. District Court or if required to get it quashed from the Hon'ble High Court.
2. That it has been agreed between the parties that they have buried all their disputes and do not have any grievances against each other and further they do not want to pursue any case against each other because they were settled their disputes amicably out the court.
3. That it has been agreed by the second party that they do not have any objection if the F.I.R. No.285/2017, Under Section 380/448/457/34 I.P.C. which has been registered at police Station Patel Nagar, New Delhi, against the first party, is quashed.
4. That it is also agreed between the first party and the second party that the second party shall co-operate the first party before the Hon'ble High Court of Delhi is quashing the above said FIR bearing FIR No. 285/2017 under Section 380/448/457/34 IPC. Police Station Patel Nagar, New Delhi, which has registered against the first party by the second party.
5. That both the parties undertake to abide by the terms elaborated in this MEMORANDUM OF UNDERSTANDING. That with this MEMORANDUM OF UNDERSTANDING now there shall remain no more dispute differences, litigation, claim or counter claims between the parties and parties shall take necessary steps and actions to implement this MEMORANDUM OF UNDERSTANDING in its letter and spirit.
6.That this Memorandum of Understanding has been executed voluntarily by both the parties on their own free Will and accord without any pressure, inducement, force, compulsion or threat whatsoever.
7. That the parties to this MEMORANDUM OF UNDERSTANDING are of sound health and mind. They understand all pros and cons of their acts, conducts and its connected implications.
5. Learned APP for the State submits that petitioner No.2 has expired.
6. I have interacted with the complainant who is present through VC and has duly been identified by the Investigating Officer. She has stated that She has arrived at the compromise voluntarily, out of her own free will, without any fear, force or coercion. Further, she states that she has no objection if the present FIR and the proceedings emanating therefrom are quashed.
7. The Investigating Officer states that there is no other case pending against the parties. The Investigating Officer also states that he has not received any other complaint against the parties.
8. The scope of powers conferred under Section 482 Cr.P.C. though wide but has to be exercised with circumspection. Such power has to be exercised in accord with the guidelines engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement may invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof
The court can quash proceedings under Section 482 Cr.P.C if an amicable settlement is reached and continuing the proceedings would be an abuse of process of law.
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 main legal principle established in the judgment is that if the dispute is private in nature and the parties have entered into a settlement, and there is a remote or bleak chance of conviction, i....
The court may exercise its 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 ....
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.
The court may exercise power under Section 482 Cr.P.C to quash criminal proceedings when the chances of an ultimate conviction are bleak, and a settlement between the parties would lead to better rel....
The court can quash FIR and proceedings under Section 482 Cr.P.C. when disputes have been amicably settled between the parties and no useful purpose would be served by continuing the prosecution.
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 may exercise power under Section 482 Cr.P.C to quash proceedings when the offense is predominantly private and a settlement between the parties would lead to better relations and resolution....
The court may exercise power under section 482 CrPC to quash proceedings when the chances of ultimate conviction are bleak and a settlement between the parties would lead to better relations.
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