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DINESH KUMAR SHARMA
Vikash Choudhary – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 21637/2023 (Exemption) in CRL.M.C. 5742/2023
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5742/2023 and CRL.M.C. 4075/2022
1. The present petitions have been filed under Section 482 Cr. PC seeking quashing of FIR No. 530/2018 under section 308/341/506/34 registered at PS Vasant Kunj.
2. Briefly stated, the present FIR was lodged by respondent No.2 alleging therein that he was doing the business of dairy farming and selling milk. On 09.10.2018, around 1:32 am, the complainant went to meet Piyush @ Maunki, a boy from his village at Hotel Blue Eyes Bar Pub near Paradise Hotel Mahipalpur, New Delhi. The complainant was talking with Piyush at the main gate of the club when a person in the name of Shiv Kumar who was the owner of the bar, came out and started abusing him and told him why he had come there. The complainant requested him not to abuse him as he had come to meet Piyush, then Shiv Kumar who is the owner of said club, whose name he came to know later on, suddenly attacked him on his head along with his associates whose names are Vicky and Vipin. Since the sudden attack upon him, the complainant had fallen down afte
The central legal point established in the judgment is that if parties settle a trivial dispute amicably and the nature of injuries and the private nature of the dispute support it, the court may qua....
The court can quash a case and related proceedings if the parties have amicably settled their disputes and it is in the interest of justice to do so.
Amicable settlement between parties and the complainant's statement expressing no objection to quashing the FIR can lead to the quashing of criminal proceedings.
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 nature of injuries and attendant circumstances should be considered when deciding to quash an FIR, and private settlements can be a valid basis for quashing FIRs.
Cases arising from matrimonial differences should be put to rest if parties reach an amicable settlement, and the nature of injuries and circumstances should be considered in determining the quashabi....
Courts may quash criminal proceedings when chances of conviction are bleak and a settlement between the parties would lead to better relations, and may impose costs on the petitioners in appropriate ....
The court can quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settlement between the concerned parties.
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