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DINESH KUMAR SHARMA
Deepak Rijhwani – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of case FIR No.0017/2021 dated 09.01.2021 registered with police station Mahendra Park under sections 287/337 of I.P.C and all the other proceedings arising therefrom.
2. Briefly stated facts of the case are that the present FIR no. 44/2021 was lodged on the statement of Respondent No.2/Complainant alleging that the respondent No.2 was working with the petitioner's firm for last three years as a Helper and while working, at around 12:30 pm, on 09.01.2021 her hand came into the roller machine whilst putting aata chapatis into it. She further alleges that it was due to the petitioner's negligence in providing her an unsafe instrument to operate that has resulted in her injury.
3. It is submitted that the petitioner is a partner in the firm M/s Nice Food Products which employed respondent no.2 and looks after the firm's day to day affairs.
4. It is further submitted that the parties have settled the matter before the Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 24.05.2023 on the following terms and conditions:
1. The First Party has agreed to pay and the
The court may quash criminal proceedings if a settlement between the parties would lead to better relations and the chances of conviction are bleak.
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.
The court may quash proceedings under section 482 CrPC when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The court's power under Section 482 Cr.P.C. should be exercised sparingly and with caution, and a settlement between the parties that would lead to better relations may be a valid reason for quashing....
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 voluntary nature of the settlement, adequacy of compensation, and the parties' reluctance to pursue the complaint influenced the court's decision to quash the FIR and proceedings.
The court can quash criminal proceedings based on a settlement when the possibility of conviction is remote and continuation of the case would cause injustice to the accused.
The court can quash criminal proceedings based on a settlement between the parties, as provided under Section 482 of the Cr.P.C. and established through case law.
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