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DELHI HIGH COURT
RAJNISH BHATNAGAR
Sunil Tomar – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. factual basis of the fir and case. (Para 2) |
| 2. parties have settled the dispute amicably. (Para 3 , 4) |
| 3. acknowledgment of settlement in court. (Para 5 , 6) |
| 4. judicial considerations for quashing fir. (Para 7 , 8) |
| 5. past judgements establish guidelines. (Para 9 , 10 , 11) |
| 6. quashing the fir due to settlement. (Para 12) |
| 7. petition disposed of with fir quashed. (Para 13) |
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 482 Cr.P.C. for quashing of FIR No. 549/2016, under Sections 406/420/34 IPC, registered at Police Station Dwarka, South West District, Delhi, and all proceedings emanating therefrom.
2. In brief the facts of the case are that the instant case was registered on the complaint of Sh. Satyender Singh (Respondent No. 2 herein) S/o Sh. Sukhbir Singh R/o 2B/182, Awas Vikas Colony Baraut, District Baghpat U.P, filed against Sunil Dev, Sunil Tomar (Petitioner herein) and Sunil Sharma. In the said complaint it is alleged that accused No. 2 is an old friend and well aware about financial position of the complainant. In August, 2013 accused No. 2 hatched a criminal conspiracy with accused No. 1 and 3 to cheat the complainant a
Where parties amicably settle their disputes, a court may quash FIRs to prevent abuse of process, depending on the specific facts and interests of justice.
The court can quash FIR and proceedings under Section 482 Cr.P.C. when disputes have been amicably settled between the parties and no useful purpose would be served by continuing the prosecution.
The main legal point established in the judgment is that the power to quash criminal proceedings under Section 482 of the Code should be exercised sparingly and with caution, considering the nature o....
The High Court may quash FIRs for personal offences if the parties settled amicably, but serious offences affecting public interest continue as the process of law must be upheld.
The court has the discretion to quash criminal proceedings based on an amicable settlement and the interest of social harmony.
The court emphasized the principle that in cases of private and commercial disputes, where parties have amicably settled the matter, the criminal proceedings may be quashed to prevent oppression and ....
The High Court has the inherent power to quash criminal proceedings even in non-compoundable cases when parties have settled the matter between themselves, in line with the guidelines set by the Supr....
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