Delhi High Court
Rakesh Kumar Gupta & Ors vs State (Nct Of Delhi) & Ors on 27 November, 2015
Author: P. S. Teji
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2954/2015
Date of Decision : November 27th, 2015
RAKESH KUMAR GUPTA & ORS ..... Petitioners
Through Mr.Naresh Kumar, Adv.
versus
STATE (NCT OF DELHI) & ORS ..... Respondents
Through Mr.G.M. Farooqui, APP for the State.
Mr.Amar Nath Saini, Adv.
Respondent nos.2, 3 & 4 in person.
CORAM:
HON'BLE MR. JUSTICE P.S.TEJI
P.S.TEJI, J.
1. The present petition under Section 482 Cr.P.C. has been filed
by the petitioners, namely, Sh. Rakesh Kumar Gupta, Sh. Sanjeev
Nayyar, Sh. Manoj Malyan, Sh. Rajender Malyan, Sh. Vijay Anand
and Smt. Kapila Rathi for quashing of FIR No.180/2010 dated
06.07.2010, under Sections 323/342/452/506/34 IPC registered at
Police Station Ashok Vihar, Delhi on the basis of the mediation report
of the Delhi Mediation Centre, Tis Hazari Courts, Delhi arrived at
between the petitioners and respondent nos.2, 3 & 4, namely, Sh.
Manoj Sharma, Smt. Sumitra Sharma and Sh. Deepak Sharma at New
Delhi on 26.02.2015.
2. Learned Additional Public Prosecutor for respondent-State
submitted that the respondent nos.2 to 4, present in the Court have
been identified to be the victims in the present FIR by their counsel.
3. Respondent Nos.2 to 4 present in the Court, submitted that the
dispute between the parties has been amicably resolved. As per the
mediation report, it is agreed that the temple in dispute managed and
looked after by Shri Balaji Mandir Sewa Trust and its office bearers
shall continue to be under the management, control, supervision and
possession of Shri Balaji Mandir Sewa Trust and all other parties
herein shall not have any concern with the said temple in any manner.
It is also agreed between the parties that Sh. Vijay Anand shall move
an application in connected cases for withdrawal of the case and Sh.
Manoj Sharma shall move an application for the withdrawal of the
appeal. It is also agreed that the FIR in question shall be quashed with
the co-operation of the complainant, Sh. Manoj Sharma and his
mother, Smt. Sumitra Sharma. It is also agreed that Sh. Manoj Sharma
and his mother shall withdraw the connected complaint case filed
under Section 200 r/w section 156(3) Cr.P.C. Respondent nos. 2 to 4
affirms the contents of the aforesaid compromise deed and their
independent affidavits dated 16.07.2015 supporting this petition. In
their affidavits the respondents have stated that they have no objection
if the FIR in question is quashed. All the disputes and differences
have been resolved through mutual consent. Now no dispute with
petitioners survives and so, the proceedings arising out of the FIR in
question be brought to an end. Statements of the respondent Nos.2 to
4 have been recorded in this regard in which they stated that they have
entered into a compromise with the petitioners and have settled all the
disputes with them. They further stated that they have no objection if
the FIR in question is quashed.
4. In Gian Singh v. 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."
5. 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 relevant 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 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.
6. The inherent powers of the High Court ought to be exercised to
prevent the abuse of process of law and to secure the ends of justice.
The respondent no.2 along with respondent nos.3 & 4 agreed to the
quashing of the FIR in question and have stated that the matter has
been settled out of their own free will. As the matter has been settled
and compromised amicably, so, there would be an extraordinary delay
in the process of law if the legal proceedings between the parties are
carried on. So, this Court is of the considered opinion that this is a fit
case to invoke the jurisdiction under Section 482 Cr.P.C. to prevent
the abuse of process of law and to secure the ends of justice.
7. The incorporation of inherent power under Section 482 Cr.P.C.
is meant to deal with the situation in the absence of express provision
of law to secure the ends of justice such as, where the process is
abused or misused; where the ends of justice cannot be secured;
where the process of law is used for unjust or unlawful object; to
avoid the causing of harassment to any person by using the provision
of Cr.P.C. or to avoid the delay of the legal process in the delivery of
justice. Whereas, the inherent power is not to be exercised to
circumvent the express provisions of law.
8. It is settled law that the inherent power of the High Court under
Section 482 Cr.P.C. should be used sparingly. The Hon'ble Apex
Court in the case of State of Maharashtra through CBI v. Vikram
Anatrai Doshi and Ors. MANU/SC/0842/2014 and in the case of
Inder Singh Goswami v. State of Uttaranchal MANU/SC/0808/2009
has observed that powers under Section 482 Cr.P.C. must be
exercised sparingly, carefully and with great caution. Only when the
Court comes to the conclusion that there would be manifest injustice
or there would be abuse of the process of the Court if such power is
not exercised, Court would quash the proceedings.
9. It is a well settled law that where the High Court is convinced
that the offences are entirely personal in nature and therefore do not
affect public peace or tranquillity and where it feels that quashing of
such proceedings on account of compromise would bring about peace
and would secure ends of justice, it should not hesitate to quash them.
In such cases, pursuing prosecution would be waste of time and
energy. Non-compoundable offences are basically an obstruction in
entering into compromise. In certain cases, the main offence is
compoundable but the connected offences are not. In the case of B.S.
Joshi and others v. State of Haryana and another 2003 (4) SCC 675
the Hon'ble Apex Court observed that even though the provisions of
Section 320 Cr.P.C. would not apply to such offences which are not
compoundable, it did not limit or affect the powers under Section 482
Cr.P.C. The Hon'ble Apex Court laid down that if for the purpose of
securing the ends of justice, quashing of FIR becomes necessary,
section 320 Cr.P.C. would not be a bar to the exercise of power of
quashing. In the nutshell, the Hon'ble Apex Court justified the
exercise of powers under Section 482 Cr.P.C. to quash the
proceedings to secure the ends of justice in view of the special facts
and circumstances of the case, even where the offences were non-
compoundable.
In the light of the aforesaid, this Court is of the view that
notwithstanding the fact the offence under Section 452 IPC is non-
compoundable offence, there should be no impediment in quashing
the FIR under this section, if the Court is otherwise satisfied that the
facts and circumstances of the case so warrant.
10. In the facts and circumstances of this case and in view of
statements made by the respondent Nos.2 to 4, the FIR in question
warrants to be put to an end and proceedings emanating thereupon
need to be quashed.
11. Accordingly, this petition is allowed and FIR No.180/2010
dated 06.07.2010, under Sections 323/342/452/506/34 IPC registered
at Police Station Ashok Vihar, Delhi and the proceedings emanating
therefrom are quashed against the petitioners.
12. This petition is accordingly disposed of.
(P.S.TEJI)
JUDGE
NOVEMBER 27, 2015
dd
