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DINESH KUMAR SHARMA
Kapil Kumar – Appellant
Versus
State – Respondent
JUDGMENT BB0 Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 20677/2023 (exemption)
Exemption is allowed, subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 5462/2023
1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 258/2019 registered at PS Malviya Nagar under sections 323/354/509/34 IPC.
2. Briefly stated, the facts as per the FIR are that the complainant alleges that on 23.08.2019, she along with her brother, Akash was returning home when petitioner no.1 began abusing them and upon being questioned as to why he was doing so, he physically assaulted the complainant and her brother. Subsequently, when confronted by their mother upon the same, the four petitioners beat up the complainant and her family. Learned counsel submits that the charge-sheet, in this case, has already been filed and the matter is pending before the Learned MM, Saket Courts, New Delhi.
3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into a settlement agreement dated 15.5.2023 before the Mediation Centre, Saket Courts, New Delhi. The
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.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settleme....
The court may quash proceedings if a settlement between the parties would lead to better relations and the chances of an ultimate conviction are bleak.
In personal disputes, if matters are settled amicably, a quietus should be put, and the court may quash ongoing criminal proceedings based on such settlements.
The central legal point established in the judgment is the court's power to quash criminal proceedings based on the amicable settlement between the parties, considering the nature and gravity of the ....
The High Court may exercise its inherent power to quash criminal proceedings for non-compoundable offences where the dispute is private, predominantly civil in nature, and parties have reached a volu....
The court may quash proceedings if the chances of conviction are bleak and a settlement between the parties would lead to better relations.
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