In a significant legal development, Delhi High Court has issued a judgement regarding the quashing of FIRs 1060/2023 and 1064/2023. The case stemmed from disputes involving Santosh Kumar, an Advocate, and another party, and has now been amicably settled. This decision marks a step towards resolution and closure for the involved parties. #HighCourtJudgement #LegalCase
Facts
- Separate Writ Petitions under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. have been filed for quashing of FIR No. 1060/2023 and FIR No. 1064/2023.
- FIR No. 1060/2023 was registered based on a complaint by Santosh Kumar, an Advocate, alleging robbery and threats in his office.
- Settlement deed dated 30.12.2023 indicates resolution of disputes between the parties in both cases.
- A cross-FIR No. 1064/2023 was registered against Santosh Kumar for outraging modesty and other relevant sections.
Arguments
- The State has no objection to quash the FIRs in question due to amicable settlement between the parties
- The FIRs arose from minor disputes which have been resolved
- Quashing the proceedings will help the parties move forward in life
- Parties are only involved in one other case, FIR No 0824/2023, and intend to compound it
Analysis
- The possibility of conviction in a case being remote and the continuation of proceedings causing grave oppression and prejudice to the accused are factors to consider when assessing compromise between parties.
- Offences with a predominant civil dispute element or minor incidents where the victim is compensated may warrant the exercise of inherent powers under Section 482 Cr.P.C.
- Serious offences like murder, rape, and dacoity should not be quashed even if settled by the parties.
- The Court must consider the nature and gravity of the offence and its impact on society when deciding whether to quash criminal proceedings.
- Quashing criminal proceedings should be aimed at securing justice and preventing the abuse of the court process.
- The power to quash proceedings when a dispute is settled between offender and victim depends on each case’s specific facts and circumstances, without a fixed list of categories.
Decision
- The settlement between the parties promotes harmony and resolves the matter amicably.
- No useful purpose will be served by keeping the case pending as the parties have reached an agreement.
- Photographs of planted saplings along with reports from the IO/SHO are to be submitted to the Court within eight weeks.
- Continuation of proceedings would be an abuse of the court’s process.
- The upkeep of the saplings/trees will be the responsibility of the authorities.
- Both parties have no objections to quashing the FIRs.
- Instead of imposing costs, petitioners are directed to plant 25 saplings each in local parks.
- Failure to comply with tree planting directions will result in a fine of Rs. 25,000 to be deposited with the Delhi State Legal Services Authority.
- The chances of conviction are low due to the settlement between the parties.
- FIR No. 1060/2023 and FIR No. 1064/2023 are quashed as a result of the settlement.
- Parties aim to conclude the proceedings and move forward positively in life.
- Pending applications have also been resolved.
Case Title: VICKY CHADHA AND ANR Vs. THE STATE AND ANR (2024:DHC:3785)
Case Number: W.P.(CRL)-420/2024
