India Infoline And Ors vs State And Anr
2015 Latest Caselaw 5520 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                               Judgment delivered on:3rd August, 2015

+      CRL.M.C. No.4167/2014 & CRL. M.A.Nos.14315/2014 &
       10608/2015

INDIA INFOLINE & ORS.                                        ..... Petitioners
              Represented by:             Mr. Sumit Bansal, Mr. Ateev
                                          Mathur and Ms. Jagriti Ahuja,
                                          Advocates.

                             Versus

STATE & ANR.                                                 ..... Respondents
                        Represented by:   Mr. M.N. Dudeja, Additional
                                          Public Prosecutor for the State.
                                          Mr. Vijay K. Sondhi, Mr. Sanjeev
                                          Kumar and Mr. Anshul Sehgal,
                                          Advocates for Respondent No.2
                                          with Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Learned counsel appearing on behalf of the petitioners orally prays to take on record the amended memo of parties.

2. His oral request is conceded.

3. Pursuant to order dated 28.07.2015, a joint application bearing Crl. M.A. No.10608/2015 for quashing of the FIR in question by allowing the present petition is on record, which is taken up for hearing.

4. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No. 143/2014 registered at Police Station Barakhamba Road, New Delhi, for the

offences punishable under Sections 409/406 IPC and the consequential proceedings emanating therefrom against the petitioners.

5. Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2. The case is at the initial stage of investigation as chargesheet is yet to be filed. Meanwhile, the petitioners and respondent No. 2 have entered into an agreement, whereby they have amicably settled their disputes.

6. Learned counsel further submits that due to the aforesaid settlement arrived at between the parties, agreed shares have been transferred in favour of the respondent No.2, thus, she has no objection if the instant petition is allowed.

7. Respondent No.2 is personally present in the Court alongwith her counsel. The learned counsel, on instructions, submits that as per the settlement, the petitioners have agreed to transfer the shares in favour of the respondent No.2. Since both the parties have agreed to abide by the terms of the settlement, thus, the respondent No.2 does not want to prosecute the case further against the petitioners.

8. Learned Additional Public Prosecutor appearing on behalf of the State submits that the case is at the initial stage of investigation. The respondent No.2 has come forward not to pursue the case against the petitioners any more, thus, State has no objection, if the present petition is allowed, however, heavy cost may be imposed upon the petitioners.

9. In Gian Singh Vs. State of Punjab and Another (2012) 2 SCC (L&S) 998, the Apex Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-

" 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."

10. The aforesaid view has been affirmed by the Apex Court in the case of Narinder Singh & Ors. Vs. State of Punjab & Anr. 2014 6 SCC 466 wherein held as under:-

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 to 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 the 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 predominantly 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 IPC would fall in the category of heinous and serious offences and therefore are 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 IPC 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 307 IPC 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 IPC. 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 latter 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 to a conclusion as to whether the offence under Section 307 IPC 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 IPC 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."

11. As regards the issue qua imposition of cost is concerned, I find force in the submissions of the learned Additional Public Prosecutor for the State. Due to lodging of the FIR in question, the Government machinery came into motion and precious public money and time has also been consumed therein. Moreover, considering the fact that the petitioners have agreed to transfer shares of more than Rs.60,00,000/- in favour of the respondent No.2, therefore, while allowing the present petition, I hereby impose costs of Rs.5,00,000/- upon the petitioners to be paid in favour of the Prime Minister National Relief Fund within two weeks from today. Proof of the same shall be placed on record under prior intimation to the IO concerned.

12. Consequently, taking into consideration the legal position as discussed above, settlement arrived at between the parties and moreover the fact that the respondent No.2/complainant is no longer interested in

supporting the prosecution because of which, its chances of success in the matter are now greatly diminished, therefore, I am of the considered opinion that this matter deserves to be given a quietus as continuance of proceedings arising out of the FIR in question would be an exercise in futility.

13. Resultantly, FIR No. 143/2014 registered at Police Station Barakhamba Road, New Delhi, for the offences punishable under Sections 409/406 IPC and all proceedings emanating therefrom, are hereby quashed qua the petitioners.

14. In view of the above, the present petition and the pending applications stand disposed of.

15. A copy of this order be given dasti to the learned counsel for the parties.

SURESH KAIT (JUDGE) AUGUST 03, 2015 sb