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DINESH KUMAR SHARMA
Ragini Sharma – Appellant
Versus
NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 Cr.P.C. seeking quashing of case FIR No. 251/2018 dated 18.09.2018 registered under Section 380 IPC at PS Hauz Khas, South Delhi.
2. The said FIR was lodged on the statement of respondent No.2/complainant alleging theft of money and jewelry of around Rs.60-70 lakhs from her house's almirah locker. It was alleged by the complainant that she suspected a planned robbery as there were no signs of forced entry. It was further alleged that she did not check her almirah lockers till 15.09.2018, when she finally discovered that the cash and jewelry items were missing from the locker. Basis the said allegations, the present FIR was registered. Chargesheet has been filed and the matter is pending adjudication before the Ld. MM, whereby vide order dated 02.03.2022 the petitioner was summoned, and the petitioner duly appeared on 05.08.2022.
3. Ld. Counsel submits that the petitioner herein is in fact the daughter of the respondent No.2/complainant and the FIR arose due to some misunderstandings between the parties.Ld. Counsel submits that however now the parties have amicably resolved all their disp
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....
In personal disputes, if matters are settled amicably, a quietus should be put, and the court may quash ongoing criminal proceedings based on such settlements.
The court has the discretion to quash criminal proceedings based on a settlement, especially in cases where there is a pre-existing familial or personal relationship, to prevent the abuse of the cour....
The court has the power to quash criminal proceedings when the offender and victim have settled their dispute, considering the nature and gravity of the offence and the impact on society.
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 the need for exercising caution and sparingly using the power under Section 482 of the Code to quash criminal proceedings based on settlement b....
The court has the inherent power to quash criminal proceedings, even in non-compoundable cases, if it serves the ends of justice and prevents abuse of the court's process.
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 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.
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