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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Shubham Chhillar - Appellant
Versus
State - Respondent
Cr.M.C. 6415 of 2023
Decided On : 05-09-2023
Settlement - Quashing of FIR - The court allowed the quashing of the FIR and proceedings based on a settlement agreement between the parties, considering the bleak chances of conviction and the potential for better relations between the parties.
Fact of the Case:
The petitioner sought quashing of a case FIR registered under Sections 279/337/338 IPC, relating to a car accident. The parties reached a settlement agreement.
Finding of the Court:
The court considered the settlement agreement and the circumstances of the case, concluding that continuing with the proceedings would serve no purpose and that the settlement should be accepted.
Issues: Quashing of FIR, Settlement Agreement
Ratio Decidendi: The court may exercise power under section 482 Cr.P.C. for quashing the proceedings if the chances of conviction are bleak and a settlement between the parties would lead to better relations.
Final Decision: The court quashed the FIR and all proceedings arising from it, based on the settlement agreement between the parties.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 24048/2023
Exemption allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 6415/2023
1. The present petition has been filed seeking quashing of case FIR No. 356/2022 under Sections 279/337/338 IPC registered at PS Timarpur.
2. Briefly stated, the facts of the case are that the complainant was on a cycle in the vicinity of Lucknow Road Timarpur when a car allegedly bearing no. DL-1CN-4494 hit the complainant. Subsequently, the car parked on the side and the injured persons were taken to the hospital. This accident led to the FIR No. 356/2022 being lodged against the driver i.e. the petitioner herein.
3. Learned counsels submit that however, now due to intervention of well-wishers and other respectable persons of the society, the dispute has been amicably settled between both the parties and they have entered into a settlement agreement. The agreement is brought on record and is not reproduced herein for the sake of brevity as the same is written by hand and is in Hindi.
4. The parties are present and have been duly identified by the IO.
5. Respondent states that they have received the settlement amount by way of 2 demand drafts; DD No.316147 dated 28.08.2023 in the name of Imran amounting Rs. 7,000/- drawn from State Bank of India and DD No. 316148 dated 28.08.2023 in the name of Irfan Ahmad amounting to Rs. 23,000/- drawn from State Bank of India.
6. It has been repeatedly held by the Hon'ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, and where the court may be of the opinion that a settlement between the parties would lead to better relations between them, the court may exercise power under section 482 Cr.P.C. for quashing the proceedings or the complaint or the FIR as the case may be.
7. Taking the facts and circumstances of the cases in totality, I consider that there would be no purpose of continuing with the proceedings and do not see any reason to reject the settlement.
8. Since the parties have arrived on a settlement, FIR No. 356/2022 under Sections 279/337/338 IPC registered at PS Timarpur and all the proceedings arising therefrom qua the present petitioners are quashed.
9. The petition along with other pending applications stands disposed of.
The court may quash proceedings if the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The court can quash criminal proceedings based on a settlement between the parties, as provided under Section 482 of the Cr.P.C. and established through case law.
The court may exercise power under Section 482 Cr.P.C. to quash criminal proceedings when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The voluntary nature of settlements and lack of remaining grievance from the complainants can lead to the quashing of FIR and related proceedings.
: Power to quash criminal proceedings based on settlement applies predominantly to civil matters and not for heinous or serious offenses with a societal impact.
The court can quash FIRs in non-compoundable offenses based on a valid settlement between parties, highlighting that continuation serves no useful purpose.
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