Delhi High Court
Saroj Bhadana & Ors. vs State & Ors. on 12 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 12, 2015
+ CRL.M.C. 2526/2013
SAROJ BHADANA & ORS ..... Petitioners
Through: Mr. M.K. Vashisht and Mr. Lalit
Kumar Grover, Advocates
versus
STATE & ORS .....Respondents
Through: Mr. Vinod Diwakar, Additional
Public Prosecutor for respondent-
State with Inspector Kumar
Kundan
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
In this petition, quashing of FIR No.53/2010 under Sections 120-
B/420/467/468/471 of IPC registered at P.S. Economic Offences Wing,
New Delhi is sought on the basis of Compromise Deed of 27th May, 2013.
Learned counsel for petitioners submits that the aforesaid
compromise deed has been acted upon vide order of 31 st May, 2013
(Annexure P-2) in the civil proceedings.
Learned Additional Public Prosecutor for respondent-State informs
that the investigation of this case is at fairly advanced stage and the FSL
report has been received and on its basis, charge-sheet would be filed in
this case within four weeks.
CRL.M.C. 2526/2013 Page 1
On the aspect of exercise of powers under Section 482 of Cr.P.C.,
the pertinent observations of the Apex Court in N. Soundaram v. P.K.
Pounraj, (2014) 10 SCC 616, are as under:-
"13. It is well settled by this Court in a catena of cases
that the power under Section 482 CrPC has to be exercised
sparingly and cautiously to prevent the abuse of process of
any court and to secure the ends of justice. The inherent
power should not be exercised to stifle a legitimate
prosecution. The High Court should refrain from giving a
prima facie decision unless there are compelling
circumstances to do so. Taking the allegations and the
complaint as they were, without adding or subtracting
anything, if no offence was made out, only then the High
Court would be justified in quashing the proceedings in the
exercise of its power under Section 482 CrPC. An
investigation should not be shut out at the threshold if the
allegations have some substance.
14. An overall perusal of the materials placed before us
makes out a prima facie case against the accused which
requires to be decided by conducting a proper trial. At this
stage the High Court cannot analyse and meticulously
consider the evidence and anticipate whether it will end up in
conviction or acquittal. This is not the stage to decide whether
there is any truth in the allegations made but to form an
opinion whether on the basis of the allegation a cognizable
offence or offences alleged has been prima facie made out.
The guilt or otherwise of the accused can be proved only after
conducting a full-fledged trial. In the circumstances, in our
opinion, it is not proper for the High Court to interfere with
the proceedings and quash the final report submitted by the
police"
CRL.M.C. 2526/2013 Page 2
In the peculiar facts and circumstances of this case, this Court is
not inclined to exercise its inherent powers especially when the
investigation is at fairly advanced stage.
This petition is disposed of with direction to respondent-State to
file the final report in this case within a period of four weeks or so while
taking into consideration the compromise deed of 27th May, 2013 arrived
at between the parties. Petitioners would be at liberty to avail of the
remedies as available to them in the Law, if charge-sheet is filed against
them.
With aforesaid direction, this petition is disposed of while
refraining to comment upon merits, lest it may prejudice either side
before trial court.
(SUNIL GAUR)
JUDGE
JANUARY 12, 2015
s
CRL.M.C. 2526/2013 Page 3
