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DINESH KUMAR SHARMA
Narender Jha – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 19125/2023
CRL.M.A. 19129/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 5031/2023
CRL.M.C. 5035/2023
1. The present petitions have been filed seeking quashing of case FIR No. 85/2017 under Sections 452/323/506/34 IPC registered at PS Karawal Nagar and FIR No. 84/2017 under Sections 308/323/34 IPC registered at PS Karawal Nagar.
2. The factual matrix in brief as is alleged by Arpit Jaiswal in the FIR that on 04.03.2017 the petitioner Vinod Jha and his sons Narender Jha and Satendra Kumar Jha came in front of his house and asked for their IDs for the purpose of getting them blankets which was to be distributed by the Congress Party Candidate. However, the complainant said that they are the supporters of another political party. Both the parties initially entered in the verbal dispute, and it is alleged that thereafter the petitioners started beating the complainant party.
3. Further, in FIR No. 85/2017, it was alleged by Vinod Jha that while they were collecting the IDs for the purpose of distribution of blanket, Arpit Kumar Jaiswal, Krishna Kumar, and Amit Jaiswal started quarreling with them and gave them a beating.
4. Ho
Voluntary settlement, community service as a form of resolution, and promoting harmony and contribution to society.
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 court emphasized the importance of amicably settling trivial disputes and considered the nature of injuries and circumstances in deciding to quash the FIRs.
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.
Amicable settlement and private nature of the dispute as grounds for quashing FIRs.
The court can quash FIRs and related proceedings when parties have amicably settled their disputes and do not wish to pursue the complaints further, especially in private disputes.
The court has the discretion to quash FIRs and proceedings arising from private disputes that have been amicably settled, considering the interests of justice and the wastage of judicial resources.
The court can quash an FIR based on the amicable settlement of disputes between the parties, especially when the dispute is of a private nature and the parties do not wish to pursue the complaint fur....
The court can quash FIRs based on an amicable settlement between the parties, especially when the dispute is of a private nature and the parties express no objection to the quashing.
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