Dushyant Kumar @ Dushyant Nagar v. State

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 1410/2015 registered at PS Shakarpur, East Delhi under Sections 323/341/506/34 IPC.

2. The FIR was lodged on the statement of Sh. Sunil Kumar Shani/ Complainant. The brief facts of the case are that the both the parties were living in the same locality and they got in a dispute over food in at dhaba “Punjabi Tadka” of the respondent. As the respondent has alleged that the petitioner have been taking food from the respondents dhaba without paying him. One day when at the respondents dhaba food was finished, the petitioner started a fight with him and even called more boys in order to beat the respondent. Now, with the intervention of respectable persons of the society and well-wishers of both the parties, the parties have settled the dispute.

3. However, now the parties have entered into the settlement vide MOU dated 06.02.2023 on the following terms and conditions:

“I. That the first party has settled all the disputes amicably with the second party without any threats, pressure and coercion from any comer.

2. That there is no grievance between the parties in any manner and both the parties are maintaining cordial relations with each other.

3. That as such the first party does not want to proceed further in the aforesaid case FIR against the second party.

4. That both the parties entered into this MOU of their own freewill and consent and without any kind of pressure, threats, or undue influence from any comer.”

4. In terms of the settlement, today a sum of Rs.50,000/- vide DD NO. 727811 dated 30.05.2023 drawn on UCO Bank has handed over to the complainant.

5. The parties are present in person and they submitted that they have entered into the settlement at their own free will and without any fear, force or coercion. It is also stated that the complainant has entered into the settlement amicably and does not want to continue with the present petition.

6. IO has duly identified and states that there is no other case pending.

7. Section 482 Cr.P.C. pre-supposes three circumstances under which the inherent jurisdiction may be exercised, i.e., (i) to give effect to an order (ii) to prevent the abuse of the process of court and (iii) to otherwise secure the ends of justice. The court while exercising the power under Section 482 Cr.P.C. does not function as a court of appeal or revision. The powers under Section 482 Cr.P.C., are of wide plenitude but have to be exercised sparingly with caution and only in the event when aforesaid three conditions are satisfied. The object behind the exercise of such power should be to do real and substantial justice for the administration of which the courts exist.

8. It has been repeatedly held by the Hon’ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, and where the court may be of the opinion that a settlement between the parties would lead to better relations between them, the court may exercise power under section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.

9. I consider that there would be no purpose of continuing with the proceedings. The parties have amicable settled the matter. In the view of the above stated facts and circumstances, FIR No. 1410/2015 registered at PS Shakarpur, East Delhi under Sections 323/341/506/34 Indian Penal Code and all the other proceeding emanating therefrom are Quashed.

10. In view of the submissions the present petitions stand disposed of.

DINESH KUMAR SHARMA, J MAY 31, 2023