IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Harshit Nandrajog - Appellant
Versus
State - Respondent
Crl.M.C. 6433 of 2022
Decided On : 01-12-2022
| Table of Content |
|---|
| 1. settlement between parties voiding earlier disputes (Para 1 , 2 , 3 , 5 , 6) |
| 2. request for quashing of fir (Para 4) |
| 3. court quashes fir based on settlement (Para 7 , 8) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR No.312/2021 registered with PS Geeta Colony under Sections 498-A/406/34 IPC.
2. Both the parties state that pursuant to the settlement as recorded at Delhi Mediation Centre, Karkardooma Courts, Delhi dated 14th October, 2022, they have settled all their disputes and differences and they will live together without any problems.
3. The Investigating Officer of the case is present and has identified the petitioners and the respondent No.2 He has further testified to the effect that the respondent no.2 and the petitioners are living together.
4. The prayer has been made for quashing of the proceedings in FIR No.312/2021 registered with PS Geeta Colony under Sections 498-A/406/34 IPC.
5. Settlement dated 14th October, 2022 arrived at Delhi Mediation Centre, Karkardoom Courts, Delhi which has been placed on record.
6. Ms. Shweta Nandrajog-respondent No.2 has affirmed the factum of the settlement as recorded at Delhi Mediation Centre Karkardoom Courts, Delhi dated 14th October, 2022 between her and the petitioners and states that settlement has been done voluntarily of her own accord without any duress, coercion or undue influence. She does not oppose the prayer made by the petitioners seeking the quashing of the FIR nor does she want them to be punished in relation thereto.
7. In view thereof, FIR No.312/2021 registered with PS Geeta Colony under Sections 498-A/406/34 IPC, 1860 and all consequential proceedings emanating therefrom against the petitioners are thus quashed.
8. Accordingly, the petition is disposed of accordingly.
A voluntary settlement reached through mediation between parties serves as a basis for quashing criminal proceedings under IPC sections related to matrimonial disputes.
Mutual consent between parties, documented through a settlement, can lead to quashing of FIR in dowry-related cases, provided that the consent is voluntary and free from coercion.
Courts may quash FIR and criminal proceedings based on settlement reached between the parties, considering the free will of the parties and the totality of facts and circumstances.
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 exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings if the possibility of conviction is remote and bleak, and continuation of the case would be an abuse ....
Court emphasizes the importance of settling private disputes voluntarily, allowing individuals to quash FIRs without coercion.
The court can quash a FIR based on an amicable settlement between the parties, which meets the ends of justice.
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