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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ JAIN
Ashima Malik – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. quashing of fir based on compromise. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of settlement with legal representatives. (Para 6 , 9 , 10) |
| 3. court's caution in quashing non-compoundable cases. (Para 8 , 14) |
| 4. exercise of inherent powers to quash fir. (Para 15) |
| 5. final order quashing fir and disposal of petition. (Para 16 , 17) |
JUDGMENT :
MANOJ JAIN, J.
1. The present petition seeks quashing of FIR No. 483/2023, registered at Police Station Saket, Delhi for commission of offences under Sections 279 /337/304-A IPC , along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties.
2. Accident in question had taken place on 21.11.2023.
3. On that day, a car was being driven by petitioner no. 2 and petitioner no. 1 was sitting in the rear. When they reached near SBI Bank, the car came to halt and when petitioner no. 1 opened the rear right side door, a motorcycle, which was coming from behind, got struck, which resulted in accident in question. In the aforesaid accident, respondent no. 2, who was driving the motorcycle, received simple injuries whereas his mother, who was on the pillion seat, succumbed to her injuries which
The court can quash FIRs in non-compoundable offenses based on a valid settlement between parties, highlighting that continuation serves no useful purpose.
Court may quash FIR when a private dispute is settled between parties and continuation of proceedings serves no public interest.
: Power to quash criminal proceedings based on settlement applies predominantly to civil matters and not for heinous or serious offenses with a societal impact.
The High Court has inherent power under Section 482 Cr.P.C to quash criminal proceedings, even in non-compoundable cases, when the parties have settled the matter between themselves, to secure the en....
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