Beruflich Dokumente
Kultur Dokumente
CRL.M.C. 2592/2015
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3.
instructions, submits that the respondent No.2 has settled all the
disputes with the petitioners and the petitioners have paid all the
dues. She further submits that respondent No.2 has no objection if
this petition is allowed.
4.
On the other hand, ld. APP for the State submits that present
SCC 303, the Apex Court has recognized the need of amicable
resolution of disputes in cases like the instant one, by observing as
under:-
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Resolution of a dispute by way of a compromise
between two warring groups, therefore, should attract
the immediate and prompt attention of a court which
should endeavour to give full effect to the same unless
such compromise is abhorrent to lawful composition of
the society or would promote savagery.
Where the High Court quashes a criminal
proceeding having regard to the fact that the dispute
between the offender and the victim has been settled
although the offences are not compoundable, it does so
as in its opinion, continuation of criminal proceedings
will be an exercise in futility and justice in the case
demands that the dispute between the parties is put to
an end and peace is restored; securing the ends of
justice being the ultimate guiding factor.
In other words, the High Court must consider
whether it would be unfair or contrary to the interest of
justice to continue with the criminal proceeding or
continuation of the criminal proceeding would
tantamount to abuse of process of law despite
settlement and compromise between the victim and
wrongdoer and whether to secure the ends of justice, it
is appropriate that criminal case is put to an end and if
the answer to the above question(s) is in affirmative,
the High Court shall be well within its jurisdiction to
quash the criminal proceeding.
7.
and looking to the fact that the parties have settled their disputes
amicably vide Settlement Deed dated 27.01.2015 before the
Mediation Centre, Dwarka Courts, New Delhi, and the statements
of respondent Nos. 1 and 2, in my considered opinion it is a fit case
where power under Section 482 Cr.P.C. can be exercised and
proceeding pending against the petitioners can be quashed.
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8.
order as to costs.
10.
the parties.
SURESH KAIT, J.
JULY 03, 2015
jg/sb
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