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SWARANA KANTA SHARMA
Ajay Agarwal – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner seeks quashing of FIR bearing no. 248/2016 dated 27.05.2016 registered at Police Station Bawana under Sections 287/304A of Indian Penal Code, 1860 ('IPC').
2. Briefly stated, the facts of the present case are that on 27.05.2016, the victim Sh. Ishwarchand had got electrocuted while working at the factory owned by the petitioner, and his friends/co-laborers had taken him to Maharishi Valmiki Hospital. However, watermarkduring the treatment, the victim had passed away, and the concerned staff at the hospital had informed the police officials about the incident. Subsequently, the present FIR had been registered, and a notice under Section 91 Cr.P.C. had been sent to the petitioner, from whom several documents related to the ownership of the factory and the employment details of the deceased had been obtained. After interrogation, the petitioner had been arrested in the present case.After investigation, chargesheet was filed under Sections 287/304A of IPC.
3. Learned counsel for the petitioner has argued that the parties have compromi
The discretionary nature of the inherent power under Section 482 Cr.P.C. and the need for a full trial to determine negligence before quashing an FIR.
The High Court can quash FIRs for non-compoundable offences under Section 482 of the CrPC if a settlement is reached and gross negligence is not established, serving the ends of justice.
The main legal point established in the judgment is the court's power to quash criminal proceedings under Section 482 of the Cr.P.C. when the victim and the offender have settled their dispute, as em....
The voluntary nature of a settlement agreement, the fulfillment of its terms, and the express wish of the parties not to pursue a complaint can be grounds for quashing an FIR and subsequent proceedin....
Voluntary and lawful settlements in private disputes may lead to the quashing of proceedings.
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