Rajnesh Sharma And Anr vs State Govt Of Nct Delhi And Anr
2015 Latest Caselaw 5801 Del

$~35
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                               Judgment delivered on:11th August, 2015

+                          CRL.M.C. No.3223/2015

      RAJNESH SHARMA AND ANR
                                                           ..... Petitioners
                           Represented by:     Mr.Rama Shanker and
                                               Mr.Shivam Garg, Advs
                   versus
      STATE GOVT OF NCT DELHI AND ANR
                                                             ..... Respondents
                           Represented by:     Mr.Izhar Ahmad, APP for
                                               the State/R1.
                                               Respondent No.2 in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl. M.A. No.11493/2015 (Exemption) Exemption allowed, subject to all just exceptions. Accordingly, the application is allowed.

CRL.M.C. No.3223/2015

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.322/2009 registered at Police Station Govindpuri, New Delhi, for the offences punishable under Sections 420/406/468/120B of the IPC and the consequential proceedings emanating therefrom against them.

2. Learned counsel appearing on behalf of the petitioners submit that the aforesaid case was registered on the complaint of respondent No.2,

namely, Sh Harish Kumar. Thereafter, the matter was settled pursuant to the settlement dated 04.07.2015 between the parties. In addition to that, the petitioners made statement before this Court in RFA No.583/2011 that out of Rs.3.00 Lac deposited before this Court, Rs.2.00 Lac already received by the respondent No.2/complainant and Rs.50,000/- remaining may be released in his favour in view of the settlement between the parties. To this effect the statements have been recorded before learned Additional District Judge on 04.07.2015. The matter stood settled and thus, respondent No.2 does not wish to pursue the case against the petitioners.

3. Respondent No.2 is personally present in the Court, who has been identified by learned counsel for petitioners. Respondent No.2 submits that the matter has been settled for a total sum of Rs.2.50 Lac, out of which Rs.2.00 Lac has already been received by him and the remaining Rs.50,000/- is directed to be released from the amount lying with this Court. If the latter amount is released in his favour, he has no objection, if the present petition is allowed.

4. Learned APP appearing on behalf of the State submits that after completion of investigation chargesheet has been filed by the police in the learned Trial Court and after framing of charges, the matter is pending trial against the petitioners. Since, the matter has been settled between the parties before the Court, statement of parties has also been recorded, thus, the State has no objection, if this Court allows the present petition.

5. Under the circumstances and looking to the decision of the Supreme Court in the case of Gian Singh Vs. State of Punjab and

Another (2012) 10 SCC 303, wherein the Apex Court 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; by observing as under:

"58. ....However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated."

6. While recognizing the need of amicable resolution of disputes in cases like the instant one, the aforesaid dictum has been affirmed by the Apex Court in a recent judgment in Narinder Singh & Ors. Vs. State of Punjab & Anr. 2014 6 SCC 466. The pertinent observations of the Apex Court are 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."

7. Keeping in view the legal position as discussed above, the settlement arrived at between the parties pursuant to which their statements have already been recorded before learned Trial Judge where the civil suit is going on, and 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.

8. Consequently, FIR No.322/2009 registered at Police Station Govindpuri, New Delhi, for the offences punishable under Sections 420/ 406/468/120B of the IPC and all proceedings emanating therefrom are hereby quashed against the petitioners.

9. The Registrar General of this Court is directed to release the amount of Rs.50,000/- in favour of respondent No.2/complainant, which was deposited by the petitioners in RFA No.583/2011, on taking the requisite steps by him.

10. In view of the above, the present petition is allowed with no order as to costs.

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

SURESH KAIT (JUDGE) AUGUST 11, 2015 M/jg