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2024 Supreme(Del) 531

IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Nitesh Kumar Singh - Appellant
Versus
State Govt. of NCT of Delhi & Ors. - Respondents
Cr.M.C. 1778 of 2024
Decided On : 01-03-2024

Advocates appeared:
Ms.Reena Gupta, Ms.Prachi Goel and Mr.Bhuwan Jayant, Advocates alongwith petitioner through VC, for the Petitioner.
Ms. Kiran Bairwa, APP for the State with WSI Annu, PS Hauz Khas. Mr.Anwesh Madhukar, Ms.Prachi Nirwan and Mr.Pranjal Shekhar, Advocates with respondent No.2 (through VC) and Respondent No.3 in person.

IMPORTANT POINT
The court may quash criminal proceedings based on an amicable settlement between the parties, considering the nature and gravity of the offence and its impact on society.

Headnote:

Section 482 - Quashing of FIR based on Amicable Settlement

Fact of the Case:

The petitioner sought to quash FIR No. 242/2017, under Sections 506/509 IPC, based on an amicable settlement between the parties.

Finding of the Court:

The court found that the matter had been amicably settled between the parties without any threat, pressure, or coercion, and that no useful purpose would be served by keeping the case pending.

Issues: The issue was whether the court should exercise its power under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings based on an amicable settlement between the parties.

Ratio Decidendi: The court considered the nature and gravity of the offence, the impact on society, and the amicable settlement between the parties in deciding to quash the FIR and the proceedings.

Final Decision: FIR No. 242/2017, under Sections 506/509 IPC, and the proceedings emanating therefrom were quashed, and the petition was disposed of.

JUDGMENT

Anoop Kumar Mendiratta, J. (Oral)

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 242/2017, under Sections 506/509 IPC registered at P.S.: Hauz Khas and proceedings emanating therefrom.

2. Issue notice. Learned APP for the State and learned counsel for respondents No.2 and 3 along with respondent No.2 (through VC) and respondent No.3 in person appear on advance notice and accept notice.

3. In brief, present FIR was registered on the complaint of respondent No.3 wherein he alleged that threats were received on mobile number of respondent No.2 as well as respondent No.3. On investigation, the subscriber was ascertained to be petitioner.

4. Learned counsel for the petitioner submits that the petitioner who is having clean past antecedents expresses remorse over the alleged incident which happened on account of some misunderstanding.

5. Respondent No.3, who is a practicing lawyer and is present in person, submits that on humanitarian grounds respondents No.2 and 3 have decided to forgive the petitioner, since the petitioner has claimed that his mother is suffering from cancer and he is also facing acute problems in personal life.

6. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.

7. Petitioner (through VC), respondent No.3 (in-person) and respondent No. 2 (through VC) have been identified by WSI Annu, PS: Hauz Khas. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

8. Petitioner in the present case seeks to invoke the powers under Section 482 of Code of Criminal Procedure. The same is to be used to secure the ends of justice or to prevent the abuse of process of any Court. In which cases, the power to quash the criminal proceedings or the complaint or FIR may be used when the offender as well as victim have settled their dispute, would depend upon the facts and circumstances of each case and no generalised list or categories can be prescribed. However, the Court is required to give due regard to the nature and gravity of the offence and consider the impact on the society.

9. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 242/2017, under Sections 506/509 IPC registered at P.S.: Hauz Khas and the proceedings emanating therefrom stand quashed.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to learned Trial Court for information.

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