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Judgment
Ravinder Dudeja, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0436/2023, dated 23.09.2023, registered at P.S Ashok Vihar, Delhi under Sections 287/337 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
As per averments made in the FIR, on 23.09.2023 Respondent No. 2 suffered a serious injury in his hand leading to amputation of four fingers while operating a hydraulic machine that had not been serviced despite prior complaints to the petitioner/factory owner. FIR No. 0436/2023 was lodged at instance of Respondent No. 2 at P.S Ashok Vihar, Delhi under Sections 287/337 IPC against the petitioner.
During the course of proceedings, the parties have amicably resolved their disputes and executed a Settlement Agreement dated 26.12.2024. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 1,00,000/- (Rupees One lac only) as per the schedule mentioned in the Settlement Deed and in view of the order dated 06.08.2025 passed by this court. Copy of the Settlement Agreement dated 26.12.2024 has been annexed as Annexure P-6.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer Insp. Rajeev Kumar, PS Ashok Vihar.
Respondent No. 2 confirms that the matter has been amicably settled with the petitionerwithout any force, fear, coercion and he has no objection if the FIR No. 0436/2023 is quashed against the petitioner. He confirms having received two bank drafts of Rs. 50,000/- each from the petitioner. He further states that he has lodged a claim before ESIC which is yet not finalized.
In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0436/2023 is quashed.
In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61.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 proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the 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 the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0436/2023, dated 23.09.2023, registered at P.S Ashok Vihar, Delhi under section 287/337 IPC and all the other consequential proceeding emanating therefrom.
In the interest of justice, the petition is allowed, and the FIR No. 0436/2023, dated 23.09.2023, registered at P.S Ashok Vihar, Delhi under section 287/337 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.
Petition is allowed and disposed of accordingly.
Pending application(s), if any, also stand disposed of.