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DELHI HIGH COURT
SURESH KUMAR KAIT
Bhanwar Singh – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. accidental nature of the incident and context of fir (Para 1 , 2) |
| 2. settlement between parties and compensation paid (Para 3 , 7) |
| 3. proceedings conducted with parties present (Para 5 , 6) |
| 4. parameters for quashing fir based on civil nature of dispute (Para 8 , 9) |
| 5. quashing of fir and conclusion of proceedings (Para 10) |
The hearing has been conducted through video conferencing.
1. Petitioner is seeking quashing of FIR No. 97/2019, under Sections 288 /304A IPC, registered at police station Madan Garhi, Delhi on the basis of Memorandum of Settlement dated 14.04.2021 reached with respondent No.2, who is the complainant of FIR in question.
2. The FIR in question pertains to an accident which took place on 23.04.2019 at the house of petitioner, where construction work was going on and husband of respondent No.2 was working as Mason. He accidently fell down from the third floor of the under-construction house of petitioner and died on the spot,.
3. Learned counsel for petitioner submits that the incident in question was purely accidental and after registration of FIR at the instance of respondent No.2, a claim petition was filed by her before Author
Criminal proceedings can be quashed when there is a civil element involved, and both parties have reached a settlement, particularly in cases of accidents resulting in death.
The court can exercise inherent jurisdiction to quash criminal proceedings when parties have settled the dispute and the continuation of the proceedings would cause oppression and prejudice.
Amicable resolution of disputes can justify the quashing of FIRs when all parties involved affirm the terms of settlement, rendering further legal proceedings unnecessary.
Quashing of FIR is permissible in cases of amicable settlement where no useful purpose would be served by continuing the proceedings.
The court has the discretion to quash FIR and consequent proceedings if the dispute between the parties has been amicably resolved and the terms of the settlement have been complied with.
The court may quash an FIR if an amicable settlement has been reached between the parties and the continuance of the FIR would serve no useful purpose and may cause prejudice to the petitioner.
Point of Law : Quash of FIR - Minor injuries - Settlement of dispute - No useful purpose would be served in continuing withthe proceedings arising out of the present FIR.
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