Delhi High Court
Rupak Gupta vs The National Capital Territory Of ... on 27 May, 2015
I- 49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: May 27, 2015
+ CRL.M.C. 2376/2015 & Crl. M.A.No.8261/2015
RUPAK GUPTA ..... Petitioner
Through: Mr. Sanjeev Sindhwani, Senior
Advocate with Mr. Prosenjeet
Banerjee & Ms. Mansi Sharma,
Advocates
Versus
THE NATIONAL CAPITAL TERRITORY OF DELHI & ANR.
..... Respondents
Through: Mr. Vinod Diwakar, Additional
Public Prosecutor for respondent-
State with SI Yad Ram
Mr. Shridhar Y Chitale &
Mr. Varun Mohan, Advocates
with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No. 32/2015, under Section 363 of the IPC,
registered at police station Tuglak Road, Delhi is sought on the basis of
Memorandum of Settlement of 24th May, 2015 (Annexure-I) reached
between the parties.
Notice.
Crl.M.C.No.2376/2015 Page 1
Mr. Vinod Diwakar, learned Additional Public Prosecutor for
respondent-State accepts notice and Mr. Shridhar Y Chitale, Advocate,
accepts notice on behalf of respondent No.2.
Learned Additional Public Prosecutor for respondent-State submits
that respondent No.2, present in the Court, is complainant/first-informant
of the FIR in question and she has been identified to be so by her counsel
as well as by SI Yad Ram on the basis of identity proof produced by her.
Learned Additional Public Prosecutor for State submits on
instructions that the trial of this FIR case has not yet begun.
Respondent No.2 submits that the misunderstanding, which led to
registration of the FIR in question, now stands cleared with petitioner in
terms of aforesaid Memorandum of Settlement of 24th May, 2015
(Annexure-I) and it has been agreed that the custody of the child- Dev
Darshan Gupta, aged about 11½ years, would be with the petitioner and
she will have the visitation rights. Respondent No.2 affirms receipt of
settled amount of `50,00,000/- by way of demand draft No.'242009',
dated 23rd May, 2015, drawn on ICICI Bank, New Friends Colony, New
Delhi from petitioner. Respondent No.2 submits that she has no objection
if the pass-port in the name of child- Dev Darshan Gupta is released to
the petitioner. Respondent No.2 affirms the contents of aforesaid
Memorandum of Settlement of 24th May, 2015 (Annexure-I) and also of
her affidavit of 26th May, 2015 in support of this petition. Respondent
No.2 submits that terms of aforesaid Memorandum of Settlement of 24 th
May, 2015 (Annexure-I) have been fully acted upon and that now no
dispute with petitioners survives and so, the proceedings arising out of the
FIR in question be brought to an end.
Crl.M.C.No.2376/2015 Page 2
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:-
"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."
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
Crl.M.C.No.2376/2015 Page 3
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.
Crl.M.C.No.2376/2015 Page 4
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
Crl.M.C.No.2376/2015 Page 5
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
Crl.M.C.No.2376/2015 Page 6
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."
Since the subject matter of this FIR is essentially matrimonial,
which now stands mutually and amicably settled between parties,
therefore, continuance of proceedings arising out of the FIR in question
would be an exercise in futility.
Accordingly, this petition is allowed subject to cost of `1,00,000/-
to be deposited by petitioner with Prime Minister‟s Relief Fund and upon
placing on record the receipt of cost, FIR No. 32/2015, under Section 363
of the IPC, registered at police station Tuglak Road, Delhi and the
proceedings emanating therefrom shall stand quashed qua petitioner.
Consequentially, pass-port of the child- Dev Darshan Gupta be released
to petitioner-father.
This petition and application are accordingly disposed of.
Crl.M.C.No.2376/2015 Page 7
Copy of this order be given dasti under the signatures of the Court
Master.
(SUNIL GAUR)
JUDGE
MAY 27, 2015
r
Crl.M.C.No.2376/2015 Page 8
