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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Jain, J.
Mrs Sakshi Arora & Ors. - Appellants
Versus
State (Govt. of NCT of Delhi) & Anr. - Respondents
Cr.M.C. 2467 of 2024 & Cr.M.A. 9401 of 2024
Decided On : 27-03-2024
Quashing of FIR - Settlement Agreement - The court quashed the FIR and proceedings based on a Settlement Agreement between the parties, who were neighbors, and had amicably settled all their disputes without any monetary compensation, expressing their desire to continue a harmonious relationship.
Fact of the Case:
The parties had amicably settled their disputes with the intervention of family members, and a Settlement Agreement was reached. Both parties expressed their willingness to quash the FIR and continue with a harmonious relationship.
Finding of the Court:
The court found that the parties had voluntarily entered into the Settlement Agreement without any force or coercion. It concluded that no useful purpose would be served by keeping the case pending, as both parties desired to continue with a harmonious relationship.
Issues: The main issue was the quashing of FIR No.194/2020, PS Prashant Vihar, registered under Sections 354/354(B)/323/506/509/34 IPC based on the Settlement Agreement between the parties.
Ratio Decidendi: The court's decision was influenced by the voluntary nature of the Settlement Agreement, the absence of any prohibition or embargo in allowing the request, and the parties' desire to continue a harmonious relationship without interference in each other's lives.
Final Decision: FIR No.194/2020, PS Prashant Vihar, and the proceedings emanating from such FIR were quashed based on the Settlement Agreement between the parties.
JUDGMENT (Oral)
1. Present petition has been filed under Section 482 Cr.P.C. praying therein that FIR No.194/2020, PS Prashant Vihar, registered under Sections 354/354(B)/323/506/509/34 IPC may be quashed.
2. Admittedly, there are two cross-FIRs.
3. The present FIR is FIR No.194/2020 and the other cross-FIR is FIR No.162/2020.
4. It is apprised that both the matters have been amicably settled.
5. Copy of Settlement Agreement dated 19.03.2024 has been placed on record.
6. Both the sides are neighbours and it is claimed that they have agreed to amicably settle all their disputes with the intervention of family members. The terms and conditions, as mentioned in the Settlement Agreement dated 19.03.2024, have also been gone through by the Court and during course of hearing, respondent No.2, who happens to be the complainant, has reiterated that she would have no objection if, in accordance with the aforesaid Settlement Agreement, the present FIR is quashed. She has stated that she entered into settlement willingly and without any force or coercion from any corner whatsoever.
7. Petitioners have also stated that they would also make requisite statement before the concerned Court so that the other case, which is compoundable in nature, is also disposed of as compromised.
8. It is quite clear that both the parties are neighbours and they have amicably settled all their disputes, unconditionally, and without any monetary compensation to either side. They both want to put a quietus to the criminal proceedings and want to continue with the harmonious relationship between them without disturbing or interfering in each other's life in future.
9. It is apprised that the case is at the stage of ascertainment of charges.
10. There are five accused persons and out of them, one accused, i.e., Sh. Narender Arora has already expired.
11. Be that as it may, in view of the Settlement Agreement and the fact that both the sides have agreed to bury all their differences and are ready to continue with the harmonious relationship which they have now inculcated amongst them, no useful purpose would be served by keeping this case pending anymore. There does not exist any prohibition or embargo in allowing such request either. Sh.Wali, learned Addl. P.P. for the State has also left it to the Court to pass appropriate order in view of said settlement.
12. Accordingly, FIR No.194/2020, PS Prashant Vihar, registered under Sections 354/354(B)/323/506/509/34 IPC and the proceedings emanating from such FIR are hereby quashed.
13. Petition stands disposed of accordingly.
The voluntary nature of the Settlement Agreement and the parties' desire to continue a harmonious relationship without interference influenced the court's decision to quash the FIR and proceedings.
The court may exercise the power under section 482 CrPC to quash proceedings when a settlement between the parties would lead to better relations and no useful purpose is likely to be served by allow....
The court has the power under section 482 Cr.P.C. to quash proceedings when a settlement between parties would lead to better relations and no useful purpose is likely to be served by allowing a crim....
The court can quash proceedings under Section 482 Cr.P.C if an amicable settlement is reached and continuing the proceedings would be an abuse of process of law.
The court has the power to quash criminal proceedings under section 482 Cr.P.C. when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The court can quash criminal proceedings under Section 482 Cr.P.C. if the parties have voluntarily settled their disputes and continuation of the proceedings would serve no purpose.
The court may quash criminal proceedings under section 482 CrPC when the chances of conviction are bleak and no useful purpose is likely to be served by allowing the prosecution to continue.
The court may quash FIRs in exceptional circumstances to promote justice, even for non-compoundable offences, provided there is an amicable settlement between the parties.
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