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DINESH KUMAR SHARMA
Vipin Chaurasia – Appellant
Versus
State of NCT – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) for quashing of FIR No. 220/2017 registered under Sections 452/380/323/34 of the Indian Penal Code, 1860 (IPC) PS Swaroop Nagar, Delhi and all the consequential proceedings arising therefrom.
2. In terms of the order dated 28.08.2023, the IO has filed the status report, which reads as under:
"It is submitted that above mentioned case was registered on the statement Sh. Gopal Jha s/o Udit Narayan Jha/o Kh. No-754/755, Kushak Road No-2, Lal Boundari, Swaroop Nagar, Delhi. During course of investigation, accused Vipin Chaurasia and Ravi Chaurasia were arrested and after completing the investigation, the chargesheet was filed. Now, both the parties have entered into the settlement. The applicant handed over a Demand Draft of amount Rs. 40,000/- issued from Axis Bank, Sanjay Gandhi Transport Nagar Branch, Delhi to the complainant Gopal Jha. Copy of Demand Draft and Adhar Card of complainant is attached herewith which have attested thumb impression of complainant."
3. Briefly stated, the present FIR was lodged on the complaint of the complaina
The main legal point established in the judgment is that if the dispute is private in nature and the parties have entered into the settlement at their own free will, the court may quash the proceedin....
The court may quash proceedings if the parties have reached an amicable settlement in a private dispute, provided the settlement is within the legal framework.
The voluntary nature of settlements and lack of remaining grievance from the complainants can lead to the quashing of FIR and related proceedings.
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings if the possibility of conviction is remote and bleak, and continuation of the case would be an abuse ....
The main legal principle established in the judgment is that if the dispute is private in nature and the parties have entered into a settlement, and there is a remote or bleak chance of conviction, i....
The court emphasized the principle that in cases of private and commercial disputes, where parties have amicably settled the matter, the criminal proceedings may be quashed to prevent oppression and ....
The court may quash non-compoundable offences when there is a personal settlement between parties, provided it does not impact societal interests.
The court can quash an FIR based on the amicable settlement of disputes between the parties, especially when the dispute is of a private nature and the parties do not wish to pursue the complaint fur....
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