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DINESH KUMAR SHARMA
Vinod Gupta – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of FIR No.159/2018, under Sections 287/337of IPC, (subsequently section 338 was added) registered at Police Station: Keshav Puram and the proceedings emanating therefrom.
2. Briefly stating, the respondent no 2 was working as laborer in the factory of the Petitioner i.e. M/s Shivam Plastic Factory. On 24.04.2018, respondent no. 2 sustained Law rated wound on his hand from a machine in the factory of petitioner. Thereafter, FIR no 159/2018 was registered by SI Virender.
3. Respondent No.2/complainant lodged acomplaint with the Commissioner Employee's Compensation under Employee's Compensation Act, 1923. During the pendency of the said complaint, the respondent No.2/complaint and the petitioner entered into a settlement/compromise dated 04.09.2019. The petitioner agreed to pay a sum of Rs.1,60,000/- (Rupees one lakh sixty thousand) tothe respondent No.2/complainant towards all the claims of Respondent no.2. on the following terms and conditions:
1. That the complainant has filed an application for compensation before the Hon'ble Commissioner under the Workmen Compensation Act at Nimri Colony
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'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 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.
Voluntary and lawful settlements in private disputes may lead to the quashing of proceedings.
The court can exercise inherent jurisdiction to quash criminal proceedings when parties have settled the dispute and the continuation of the proceedings would cause oppression and prejudice.
The court may quash an FIR when parties reach an amicable settlement and the complainant agrees to withdraw their claims without objection.
Courts may quash FIR and criminal proceedings based on settlement reached between the parties, considering the free will of the parties and the totality of facts and circumstances.
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