Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ JAIN
Ankit Soni @ Karan – Appellant
Versus
State Govt. NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. quashing of fir due to settlement (Para 1 , 2 , 4) |
| 2. nature of dispute is private, no public interest (Para 3 , 5 , 9) |
| 3. victim's affirmation of settlement (Para 6 , 8) |
| 4. exercise of inherent powers to quash (Para 10) |
| 5. final order quashing fir and disposing petition (Para 11 , 12 , 13) |
JUDGMENT :
MANOJ JAIN, J.
1. Petitioner herein seek quashing of FIR No. 113/2019 dated 28.05.2019, registered at P.S. Jagatpuri, Delhi, for commission of offences under Sections 279 /338 IPC and Sections 3 /181/180 of Motor Vehicle Act, 1988, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
2. Charge-sheet has been filed and charges have also been ascertained for the abovesaid offences and, even the concerned injured/complainant i.e. respondent No.2-Tikam Singh herein has entered into witness box.
3. Fact remains that both the sides have now settled all their disputes under the aegis of Delhi Mediation Centre, Karkardooma Courts.
4. As per the terms of settlement, the petitioner herein has agreed to make payment of Rs.70,000/- as consolidated compensation towards medical expenditure, incurred by opposite side.
5. Howe
Court may quash FIR when a private dispute is settled between parties and continuation of proceedings serves no public interest.
The court can quash FIRs in non-compoundable offenses based on a valid settlement between parties, highlighting that continuation serves no useful purpose.
When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure.
Power of Court to essentially prevent abuse of process of court, to give effect to an order under Code and to secure ends of justice. This power can be exercised only when no other remedy is availabl....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
