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DINESH KUMAR SHARMA
Shubham Chhillar – Appellant
Versus
State – Respondent
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 dem
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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