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DINESH KUMAR SHARMA
Tansukh – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual basis for quashing of fir (Para 1 , 2) |
| 2. settlement agreement between parties (Para 3 , 4) |
| 3. encouragement of dispute settlement (Para 6 , 7) |
| 4. quashing of fir with conditions (Para 8 , 9) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. This is a petition for quashing FIR No.0178/2019 under Section 448 IPC PS Jyoti Nagar.
2. The FIR was registered was lodged on the statement Karan Singh s/o Late Sh. Kale against the petitioner alleging that the petitioners had trespassed on the property of the complainant. It was further alleged that the petitioners dumped certain building material in order to raise illegal construction over the property of the complainant. Since the police did not take any action, late Sh.Karan Singh filed private complaint before the court, in which pursuant to the order of the court FIR no.178/2019 under Section 448 IPC was lodged.
3. Now the parties have entered into a settlement. The MOU dated 15.03.2022 has been placed on record. It has been inter alia agreed between the parties:
"5. That as of present circumstances, both the parties undertook to live cordially, friendly, peacefully and usually as their usual neighbourers/member of
Court emphasizes the importance of settling private disputes voluntarily, allowing individuals to quash FIRs without coercion.
The court has the discretion to quash criminal proceedings based on an amicable settlement and the interest of social harmony.
A voluntary settlement reached through mediation between parties serves as a basis for quashing criminal proceedings under IPC sections related to matrimonial disputes.
The court has the power to quash criminal proceedings on the ground of a settlement, considering the private nature of the dispute and the amicable settlement reached by the parties.
The power under Section 482 Cr.P.C. should be exercised to secure the ends of justice and prevent abuse of the process of any court. The possibility of conviction being remote and bleak due to a sett....
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 ....
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