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DINESH KUMAR SHARMA
Prashant Sharma – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of case FIR No. 40/2019 under Sections 279/304A IPC registered at PS Delhi Cantt., Delhi.
2. Briefly stated facts of the case are that the present FIR was lodged at the statement of Mr.Virender Pal Singh alleging therein that on 25.01.2019 he was travelling with his colleague Mr.Kaushal (since deceased) when suddenly the left side rear wheel of the vehicle got deflated and while Sh. Kaushal Kumar was changing the tyre of his vehicle No. DL6CN5976, a vehicle No. DL12CN4233 which was being driven in rash and negligent manner hit the complainant's vehicle from the left side, on account of which Kaushal Kishore was crushed under his vehicle and serious injuries and succumbed to those injuries. Complainant has stated that while Kaushal Kishore was changing the tyre a parking light was on and the warning mode was also duly in display.
3. Learned counsel for the petitioner states that however both the parties have entered into an amicable settlement during the MACT proceedings before Lok Adalat and respondent Nos. 2, 3 and 4 have received a sum of Rs.30 lakhs.
4. The compromise deed dated 08.12
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.
: Power to quash criminal proceedings based on settlement applies predominantly to civil matters and not for heinous or serious offenses with a societal impact.
The court may quash proceedings if the chances of conviction are bleak and a settlement between the parties would lead to better relations.
When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure.
The court may quash an FIR when parties reach an amicable settlement and the complainant agrees to withdraw their claims without objection.
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.
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