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DELHI HIGH COURT
DINESH KUMAR SHARMA
Arushi Setia @ Arushi Sethia – Appellant
Versus
State (GNCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. accident details and initial complaint (Para 1 , 2) |
| 2. compensation received by complainant (Para 3) |
| 3. settlement agreement and voluntary statement (Para 4 , 5 , 6) |
| 4. quashing of fir due to settlement (Para 7) |
| 5. conclusion and disposal of the petition (Para 8) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR No. 156/2018 lodged PS Subhash Place under Section 279/338 of IPC.
2. The FIR was lodged on the statement of Mr. Ashok Kumar-Complainant wherein it was alleged that while he was going on Scooty along with his father, Wagon R Car driven by the petitioner in a rash and negligent manner hit against him. The complainant-Ashok Kumar had suffered injuries in the knees.
3. Learned counsel for the petitioner submits that in claim petition bearing MACT/876/2019, the complainant-Ashok Kumar has already received a compensation of 7,50,000/- from the Insurance Company.
4. The parties have now reached on settlement at Delhi Mediation Centre, Rohini District Courts, Delhi dated 28th October, 2022. Settlement agreement dated 28th October, 2022 has been placed on record. In the terms of the settlement, the petitioner is req
The court may quash an FIR when parties reach an amicable settlement and the complainant agrees to withdraw their claims without objection.
Court may quash FIR when a private dispute is settled between parties and continuation of proceedings serves no public interest.
The court can quash criminal proceedings based on a settlement between the parties, as provided under Section 482 of the Cr.P.C. and established through case law.
The court's power under Section 482 Cr.P.C. should be exercised sparingly and with caution, and a settlement between the parties that would lead to better relations may be a valid reason for quashing....
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