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DINESH KUMAR SHARMA
Gopal Kumar Bhalotia – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 15086/2023 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4002/2023
1. The present petition has been filed for quashing of the FIR No. 119/2018 registered at P.S. EOW, New Delhi, under Sections 420/467/468/471/120-B of IPC.
2. The FIR was lodged on the statement of Sh. Arun Kumar Bhalotia alleging therein that the petitioners grabbed the land owned by the Respondent/complainant by creating forged documents and procuring the conveyance deed from the office of DDA on the basis of these forged documents in the name of Gopal Kumar Bhalotia, and his associates signed the document as witnesses.
3. Learned senior counsel for the petitioner submits that a civil suit bearing CS (OS) 384/2017 was also filed and the civil suit was referred for arbitration vide order dated 01.01.2018. During the pendency of the said proceedings, the Respondent No. 2 filed a criminal complaint against the Petitioner Nos. 1-3 and the Respondent NO.3 on the ground that they were guilty of creating forged document. On the basis of the complaint filed by the Respondent NO.2 against the Petitioner No.1 and other persons, an FIR bearing No. 11
Amicable settlement and lack of desire to pursue the complaint can lead to the quashing of FIR and related proceedings.
The central legal point established is the court's power to quash FIRs based on settlements and the importance of preventing the abuse of the court process.
The court may exercise power under section 482 CrPC to quash proceedings if a private dispute can be resolved through an amicable settlement, leading to better relations between the parties.
The main legal point established in the judgment is that the High Court has the inherent power under Section 482 of the Code to quash criminal proceedings if the parties have amicably settled the dis....
The court emphasized the inherent power of the High Court under Section 482 of the Code to prevent abuse of the process of any court or to secure the ends of justice, particularly in cases involving ....
The main legal point established in the judgment is the exercise of power under Section 482 of the Code to quash criminal proceedings based on a voluntary settlement between the parties, guided by th....
The central legal point established in the judgment is the exercise of inherent power under Section 482 Cr.P.C. to quash criminal proceedings based on an alleged settlement, with the aim of maintaini....
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
Criminal proceedings cannot pursue allegations of forgery if the accused were not the makers of the documents, emphasizing the distinction between civil and criminal disputes.
The main legal principle established is the encouragement of amicable settlements in matrimonial disputes, as well as the voluntary nature of settlements and the absence of fear, force, or coercion.
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