InCRL. M.C. 2256/2022 -DEL HC- Delhi High Court quashes criminal case following amicable settlement between parties; Directs accused to donate woollen blankets to Kilkari Rainbow Home for Girls
Justice Jyoti Singh [25-09-2023]

Read Order:Deepak Verma V. State &Anr

Chahat Varma

New Delhi, September 29, 2023: The Delhi High Court has quashed a criminal case on the grounds that the parties involved had amicably settled their disputes.

The present petition was filedwith the objective of quashing an FIR registered under Sections 354/354A/354D/506/509 of the Indian Penal Code, along with all subsequent proceedings stemming from the FIR.

The petition stated that over time and with the involvement of relatives, mutual friends, and families, the internal disputes between the parties had been peacefully resolved. The terms of this resolution had been documented in a settlement deed.

The single-judge bench of Justice Jyoti Singh observed that criminal cases with a predominantly civil character are treated differently when it comes to the matter of quashing. This distinction is especially relevant for offenses arising from commercial, financial, mercantile, civil, partnership, or similar transactions, as well as offenses related to matrimony involving issues like dowry or family disputes. In cases where the wrong is essentially of a private or personal nature and the parties involved have resolved their entire dispute, the High Court may choose to quash the criminal proceedings.The High Court can take this step if it believes that, due to the compromise between the offender and the victim, the likelihood of a conviction is remote and unlikely. Furthermore, if the continuation of the criminal case would subject the accused to significant oppression and prejudice, causing extreme injustice despite a full and complete settlement and compromise with the victim, then quashing the criminal case may be considered.

Thus, the bench determined that since the parties involved had amicably settled their disputes to bring an end to the ongoing litigation between them, there was no justification to persist with the proceedings.

In the interest of justice and to preserve peace and harmony between the parties, the bench allowed the petition and consequently, quashed the proceedings.

However, the relief granted was subject to the accused/petitioner’s commitment to contribute a sum of Rs. 25,000 in the form of woollen blankets, which he was required to provide to Kilkari Rainbow Home for Girls in Kashmere Gate, Delhi.