Rohit Gupta & Anr vs State & Anr
2014 Latest Caselaw 3681 Del

$~31 & 36
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CRL.M.C. 3602/2014

        ROHIT GUPTA & ANR                                     ..... Petitioners
                     Through:               Mr. Sanjay Gupta, Advocate

                                 versus
        STATE & ANR                                           ..... Respondents

Through: Mr. P.K. Mishra, APP with SI Karmvir Singh, PS Malviya Nagar

+ CRL.M.C. 3474/2014

ARVIND AGGARWAL& ORS ..... Petitioners Through: Mr. Sanjay Gupta, Advocate

versus THE STATE & ANR ..... Respondents Through: Mr. P.K. Mishra, APP with SI Karmvir Singh, PS Malviya Nagar Mr. Ajay Mehrotra, Adv. for R-2 with Mr. Rajeev Bhatia, Sr. Manager CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

% SUDERSHAN KUMAR MISRA (ORAL)

CRL.M.A. 12414/2014 IN CRL.M.C.3602/2014

Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off.

CRL.M.A. 12454/2014 IN CRL.M.C.3474/2014

This application has been moved seeking early hearing of Crl.M.C. No. 3474/2014.

For the reasons stated in the application, the same is allowed. Crl.M.C. No. 3474/2014 is taken up today itself.

The next date of 29th September, 2014 stands cancelled. The application stands disposed off.

CRL.M.C. 3602/2014 & CRL.M.A. 12413/2014 CRL.M.C. 3474/2014 & CRL.M.A. 12053/2014

1. Both these matters have been moved under Section 482 of the Code of Criminal Procedure, 1973, pertaining to the same FIR No. 27/1993. They have been filed by different accused persons. In both the matters, it is prayed that the aforesaid FIR No. 27/1993 that had been registered at Police Station Malviya Nagar on 27.01.1993 under Sections 406/420/468/471 IPC read with Section 120B of IPC against the petitioners, be quashed. Counsel further states that taken together, the petitioners constitute all the accused in the aforesaid FIR.

2. It is prayed that the said FIR be quashed on the ground that the matter has since been compromised with the complainant in terms of a compromise deed dated 30.07.2014 and 04.08.2014.

3. Issue notice.

4. Mr. O. P. Saxena, Additional Public Prosecutor for the State, as well as Mr. Ajay Mehrotra, Advocate for the complainant / respondent No.2, accept notice.

5. The Investigating Officer is also present in Court. He identifies the petitioners, as well as the authorized representative of the complainant Mr. Rajiv Bhatia, who is also present in person.

6. Counsel for the petitioners as well as the second respondent submit that since the parties have arrived at a settlement, and in terms whereof, both

parties have also withdrawn the aforesaid suits against each other; they are no longer interested in pursuing the aforesaid proceedings, and pray that the matter be disposed off.

7. Counsel for the State submits that looking to the overall circumstances, which indicate that the matter arose out of a civil dispute; and since the complainant is no longer interested in supporting the prosecution, no useful purpose will be served in continuing with these proceedings.

8. Consequently, and looking to the decisions of the Supreme Court in in Gian Singh v. State of Punjab, (2012) 10 SCC 303, which has referred to a number of matters for the proposition that even a non-compoundable offence can also be quashed on the ground of a settlement agreement between the offender and the victim, if the circumstances so warrant; and also Narinder Singh and Ors. v. State of Punjab and Anr. 2014(2) Crimes 67 (SC) where the Supreme Court held as follows:-

"29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

29.1 Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not

compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

29.2 When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:

(i) ends of justice, or

(ii) to prevent abuse of the process of any Court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3 Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4 On the other hand, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 29.5 While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.

29.6 Offences under Section 307 Indian Penal Code would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 Indian Penal Code in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307Indian Penal Code is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 Indian Penal Code. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the later case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship.

29.7 While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge sheet has not been filed. Likewise, those cases

where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under Section 307 Indian Penal Code is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 Indian Penal Code and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime."

And the judgment of this Court in Basara and Ors. v. State and Anr.

in Crl. M.C. No. 6621-24/2006 decided on 3rd September, 2007, wherein it was, inter alia, held as under:-

"14. .......Peace has been brought in the locality with the intervention of the well wishers of the locality. When there is peace in locality, there will be peace in the town. When there is peace in town, there will be peace in city. When there is peace in city, there will be peace in State. When there is peace in State, there will be peace in country.....

15. The petition is according allowed. FIR

No.4/2005 registered against the petitioners under Section 307 read with Section 34 IPC with Police station Samay Pur Badli is quashed and all consequent proceedings pursuant thereto are also ordered to be dropped."

I am of the opinion that the matter deserves to be given a quietus since the complainant is not interested in pursuing the matter supporting the prosecution and thereby reducing the chances of success.

9. Consequently, the petitions are allowed and the FIR No. 27/1993 registered at Police Station Malviya Nagar on 27.01.1993 under Sections 406/420/468/471 IPC read with Section 120B of IPC, and all proceedings emanating therefrom, are hereby quashed, subject to payment of a sum of Rs. 1,00,000/- to be paid to the Indigent and Disabled Lawyers Fund of the Bar Council of Delhi, within three weeks from today. Receipt of the said payment shall also be furnished to the trial court, failing which it is made clear that the trial shall proceed.

10. The petitions, along with the accompanying applications, stand disposed off.

11. Dasti.

SUDERSHAN KUMAR MISRA, J.

AUGUST 13, 2014 rd/dr