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DELHI HIGH COURT
V.KAMESWAR RAO
Vikas @ Vicky – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. quashing of fir under ipc. (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against fir quashing. (Para 5 , 6 , 9) |
| 3. court’s analysis of case severity. (Para 7 , 8 , 11) |
| 4. settlement impacts fir proceedings. (Para 10 , 12) |
| 5. conclusion and order to quash fir. (Para 14 , 15) |
JUDGMENT
V. Kameswar Rao, J. (Oral)--This writ petition has been filed by the petitioners with the following prayers:
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the FIR. NO. 773/2016 U/S 323/308/506/34 IPC OF P.S. SHAHBAD DAIRY, DELHI, against Petitioners No.1,2 & 3, in the interest of justice, peace and harmony between the parties."
2. In substance the case of the petitioners is for quashing of the FIR No.773/2016 under Section 323 /308/506/34 IPC of P.S. SHAHBAD DAIRY, DELHI.
3. The petition includes a memo of parties where the complainants, at whose behest the FIR has been registered have been made respondent Nos. 2 to 4. It is the case of the petitioners and so contended by their counsel that the petitioners herein as well as respondent Nos. 2 to 4 are neighbours. The subject matter of the FIR is about an incident that happened on October 25
Quashing of FIR is permissible where parties have settled their disputes, provided the case does not involve serious offences and the possibility of conviction is remote.
The court can quash criminal proceedings if the possibility of conviction is remote and the continuation of the proceedings would cause oppression and prejudice, especially in cases with an overwhelm....
The voluntary settlement between the parties, the nature of injuries, and the lack of desire to pursue the complaint were key factors in quashing the FIR and all proceedings.
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.
Amicable settlement between parties and the complainant's statement expressing no objection to quashing the FIR can lead to the quashing of criminal proceedings.
The court may exercise power under Section 482 Cr.P.C to quash criminal proceedings when the chances of an ultimate conviction are bleak, and a settlement between the parties would lead to better rel....
The central legal point established in the judgment is the power of the High Court to quash a first information report or a criminal proceeding on the ground of settlement between the offender and th....
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