Hari Om Jha vs The State Nct Of Delhi And Another
2015 Latest Caselaw 6195 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                               Judgment delivered on: 24th August, 2015

+                            CRL.M.C. No.2353/2015

HARI OM JHA                                                      .... Petitioner
                        Represented by:   Mr. K.K. Manan, Senior Advocate
                                          with Mr.Nipun Bhardwaj,
                                          Mr. Ankush NarAng and
                                          Mr. Kartik Gandotra, Advocates
                                          with Petitioner in person.
                             Versus

THE STATE NCT OF DELHI ANDANOTHER                 .... Respondents
              Represented by: Mr.Izhar Ahmad, Additional Public
                              Prosecutor for the State with SI
                              Deepak Singh, HC Sudesh, PS
                              Mundka.
                              Respondent No.2/Complainant in
                              person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CRL.M.C. No.2353/2015

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.301/2013 registered at Police Station Mundka, Delhi, for the offences punishable under Sections 287/338 IPC and the consequential proceedings emanating therefrom against him.

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

namely, Sandip Singh. The case is at the initial stage of investigation as only chargesheet is filed and cognizance is yet to be taken. Meanwhile, the petitioner and the respondent No. 2 have settled their disputes vide MoU dated 26.12.2013, which is annexed to the present petition as Annexure D. As per the said MoU, a sum of Rs.50,000/- was paid to the petitioner at the time of signing the aforementioned settlement on 26.12.2013 and the balance amount of Rs.1,00,000/- by way of Demand Draft No.601619 dated 20.08.2015, drawn on Punjab National Bank, Mayapuri, New Delhi, in favour of respondent No.2 is handed over to him in Court, which fact is not disputed by the said respondent. Therefore, the respondent No. 2 does not want to pursue this case further against the petitioner and has no objection if the present petition is allowed.

3. Respondent No.2 is personally present in the Court, who has been duly identified by the Investigating Officer of the case. The respondent No.2 does not controvert the submissions made by learned counsel for the petitioner and submits that matter has been settled with the petitioner, therefore, he has no objection if the present petition is allowed.

4. Learned Additional Public Prosecutor appearing on behalf of the State submits that after investigation, the police has filed the chargesheet, however, charge is yet to be framed. He submits that since the parties have amicably settled the matter and the respondent No.2/complainant does not wish to pursue the case further against the petitioners, therefore, the State has no objection if the present petition is allowed.

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:-

"61....... the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may

quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. 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."

6. 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."

7. Both the parties who are present in the Court today, approbate the aforesaid settlement dated 26.12.2013 and undertake to remain bound by the same.

8. In view of the law discussed above, considering the settlement arrived at between the parties and the statements of respondent No. 2 and the learned Additional Public Prosecutor for the State, 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.

9. Consequently, FIR No.301/2013 registered at Police Station Mundka, Delhi, for the offences punishable under Sections 287/338 IPC and all proceedings emanating therefrom are hereby quashed against the

petitioner.

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.

Crl. M.A.No.8206/2015 (for stay) With the disposal of the petition itself, the present application has become infrcutous. The same is dismissed accordingly.

SURESH KAIT (JUDGE) AUGUST 24, 2015 sb