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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Kapil Kumar - Appellant
Versus
State - Respondent
Cr.M.C. 5462 of 2023
Decided On : 04-09-2023
Quashing of FIR - Settlement Agreement - Section 482 Cr.P.C. - 323/354/509/34 IPC
Fact of the Case:
The petition seeks quashing of FIR No. 258/2019 registered at PS Malviya Nagar under sections 323/354/509/34 IPC based on an amicable settlement agreement between the parties.
Finding of the Court:
The court found that the parties had resolved their disputes amicably and entered into a settlement agreement before the Mediation Centre, Saket Courts, New Delhi. The court considered the settlement and the nature of the offences in reaching its decision.
Issues: The main issue was whether the FIR and proceedings emanating from it should be quashed based on the amicable settlement between the parties.
Ratio Decidendi: The court relied on the inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the court process. It also considered the nature of the offence, the gravity of the case, and the amicable settlement between the parties.
Final Decision: The court quashed FIR No. 258/2019 and all proceedings emanating therefrom, burdening the petitioners with the cost of Rs.5,000/- each to be deposited with the 'Delhi High Court Legal Service Committee.'
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 petitioners and respondentno.2 have amicably settled their disputes without any consideration amount.
4. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 258/2019 registered at PS Malviya Nagar under sections 323/354/509/34 IPC and all the proceedings emanating therefrom.
5. The settlement arrived at the Mediation Centre, Saket Courts, Delhi dated 15.05.2023 on the following terms and conditions:
"1. That the matter is resolved amicably between both the parties without any consideration amount. It is also agreed that both parties shall maintain peace and tranquility, and they shall not repeat any such incidents and they shall live with peace and harmony as a next door neighbor. It is further agreed that both the parties are left with no grievances against each other, whatsoever nature.
2. It is further agreed between the parties that in pursuance to this settlement, both the parties shall make necessary statements before the concerned Hon'ble Court in the present matter for compounding the compoundable offence of the FIR/quashing of the FIR. The First Party shall co-operate for compounding of the compoundable offences/quashing of the FIR.
3. It is further agreed between the parties that upon compliance of all the terms and conditions, as above, nothing shall remain due between the parties in respect of the present matter and: they shall not file any case (civil or criminal)/complaint regarding the same."
6. All the parties are present in court and have duly been identified by the IO. Further, the IO states that except the present FIR there is no other case pending against the petitioners. Respondent No. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion. She has no objection if FIR No. 258/2019 registered at PS Malviya Nagar under sections 323/354/509/34 IPC, New Delhi is quashed.
7. The Hon'ble Supreme Court in Saju P.R. v. State of Kerala, Criminal Appeal No.1740/2019 inter-alia held that:
"Considering the peculiar facts of the present case, the affidavit filed by the complainant and other materials on record, in our opinion, the relief claimed by the appellant to quash the criminal proceedings pending against him deserves to be acceded to for doing complete justice to the parties concerned."
8. The Kerala High Court in Vishnu v. State of Kerala & Anr. and other connected matters, 2022 SCCOnline Ker 4361 inter-alia held that:
"16. From the precedents and law on the subject enunciated above, it can be concluded that though the High Court should not normally interfere with the investigation/criminal proceedings involving sexual offences against women and children only on
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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