Delhi High Court
Karan Singh Chikara & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 31 August, 2015
Author: Sunil Gaur
I-46 & 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: August 31, 2015
+ CRL.M.C.3545/2015
SAURABH SAXENA & ORS. ..... Petitioners
Through: Ms. Reena Kumar, Advocate
versus
STATE (GOVT. OF NCT OF DELHI) & ANR. .... Respondents
Through: Mr. G.M. Farooqui, Additional
Public Prosecutor for respondent-
State with SI Arvind Kumar
Respondent No.2-in-person
+ CRL.M.C.3543/2015
KARAN SINGH CHIKARA & ORS. ..... Petitioners
Through: Ms. Reena Kumar, Advocate
versus
STATE (GOVT. OF NCT OF DELHI) & ANR. .... Respondents
Through: Mr. G.M. Farooqui, Additional
Public Prosecutor for respondent-
State with SI Arvind Kumar
Respondent No.2-in-person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.164/2015, under Sections 341/354(B)/509/34
Crl.M.C.Nos.3545 & 3543 of 2015 Page 1
of IPC [Crl.M.C.No.3545/2015] & FIR No.158/2015 under Section
323/379/34 IPC [Crl.M.C.No.3543/2015] both registered at Police
Station Binda Pur, Delhi is sought on the ground that the
misunderstanding, which led to registration of the FIR, now stands
cleared between the parties vide Memorandum of Understanding of 4th
August, 2015 (Annexure-P-8). Since, quashing of the two FIRs are
sought on identical grounds, therefore, with the consent of parties, both
the petitions are taken up for hearing together and are being disposed of
by this common judgment.
Notice.
Mr. G.M. Farooqui, Additional Public Prosecutor accepts notice on
behalf of respondent-State and submits that complainant parties of both
the FIR cases, present in the Court, have been identified to be so by SI
Arvind Kumar on the basis of identity proofs produced by them.
Respondent No.2-Ms.Inder Chikara [complaint for FIR
No.164/2015], present in the Court, submits that the dispute between the
parties has been amicably resolved vide aforesaid Compromise Deed and
the terms thereof have been fully acted upon and that the
misunderstanding, which led to the incident in question, now stands
cleared between the parties. Respondent No.2-Ms.Inder Chikara further
submits that she was not assaulted with any intent to disrobe her and she
affirms the contents of her affidavit of 10th August, 2015 supporting the
petition and submits that to restore the cordiality amongst the parties, who
are neighbours, the proceedings arising out of the FIR in question be
brought to an end.
Likewise, respondent No.2-Shalabh Saxena [complainant of FIR
Crl.M.C.Nos.3545 & 3543 of 2015 Page 2
No.158/2015], present in the Court, affirms the contents of aforesaid
Memorandum of Understanding (Annexure-P-8) and his affidavit of 7th
August, 2015 to seek quashing of the FIR.
In „Gian Singh Vs. State of Punjab‟ (2012) 10 SCC 303 Apex
Court has recognized the need of amicable resolution of disputes in cases
like the instant one, 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."
The aforesaid dictum stands reiterated by the Apex Court in a
recent judgment in Narinder Singh v. State of Punjab (2014) 6 SCC 466.
The pertinent observations of the Apex Court in Narinder Singh (Supra)
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
Crl.M.C.Nos.3545 & 3543 of 2015 Page 3
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.
Crl.M.C.Nos.3545 & 3543 of 2015 Page 4
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
Crl.M.C.Nos.3545 & 3543 of 2015 Page 5
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."
In the peculiar facts and circumstances of this case and in view of
aforesaid Memorandum of Understanding of 4th August, 2015 (Annexure-
P-8) and the fact that the misunderstanding between the parties has been
cleared and to restore cordiality amongst the parties, who are neighbours,
I find that continuance of proceedings arising out of the FIRs in question
would be an exercise in futility.
Accordingly, these two petitions are allowed subject to cost of
`10,000/- to be deposited by each of the petitioner with Prime Minister‟s
Crl.M.C.Nos.3545 & 3543 of 2015 Page 6
Relief Fund within one week from today. Upon placing on record the
receipts of cost, FIR No.164/2015, under Sections 341/354(B)/509/34 of
IPC & FIR No.158/2015 under Section 323/379/34 IPC, both registered
at Police Station Binda Pur, Delhi and the proceedings emanating
therefrom shall stand quashed qua petitioners.
Both the petitions are accordingly disposed of.
(SUNIL GAUR)
JUDGE
August 31, 2015
vn
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