Delhi High Court
Sushil Kumar vs The State Govt Of Nct Of Delhi & Ors. on 2 September, 2015
Author: Sunil Gaur
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: September 02, 2015
+ CRL.M.C. 3577/2015 & Crl.M.A.12689/2015
SUSHIL KUMAR ..... Petitioner
Through: Mr. A.K. Mishra and Mr. Ajay
Tiwari, Advocates
Versus
THE STATE GOVT OF NCT OF DELHI & ORS .....Respondents
Through: Mr. P. L. Sharma, Additional
Public Prosecutor for respondent-
State with ASI Shiv Kumar
Mr. Kamal Deep, Advocate with
respondent No.3 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.459/2013, under Sections 279/337 of IPC
registered at Police Station Vasant Vihar, Delhi and the charge-sheet
under Section 304A of IPC, is sought on the basis of affidavit of
respondent No.3. Petitioner is a Constable in Border Security Forces
(BSF), who is said to be suffering from kidney problem and is under
treatment from AIIMS.
It is submitted on behalf of petitioner that there was no culpable
negligence on the part of petitioner in causing the accident in question as
CRL.M.C. 3577/2015 Page 1
there was collision of vehicles at the spot due to which wife of respondent
No.3 had unfortunately died. The affidavits of respondent No.3 as well as
petitioner alongwith medical record have been placed on record by
learned counsel for petitioner. It is further submitted that petitioner had
assisted the removal of the injured/deceased to the Trauma Centre and
that husband of deceased has been duly compensated and so, the
proceedings arising out of the FIR in question deserve to be brought to an
end.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent No.3, present in the Court, has been
identified to be the complainant/first-informant of the FIR in question by
his counsel as well as by ASI Shiv Kumar on the basis of identity proof
produced by him.
Respondent No.3, present in the Court, submits that he does not
hold petitioner wholly responsible for the accident in question and that he
has been duly compensated. Respondent No.2 affirms the contents of his
affidavit of 2nd September, 2015 supporting this petition and submits that
now there is no grievance against petitioner and so, the proceedings
arising out of the FIR in question be brought to an end.
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
CRL.M.C. 3577/2015 Page 2
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
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.
CRL.M.C. 3577/2015 Page 3
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
CRL.M.C. 3577/2015 Page 4
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
CRL.M.C. 3577/2015 Page 5
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 facts and circumstances of this case and in view of affidavit
of respondent No.3, there appears to be no apparent negligence on the
part of petitioner in causing of the accident in question. Thus, I find that
the proceedings arising out of the FIR in question deserve to be put to an
end as respondent No.3 has been duly compensated.
Accordingly, this petition is allowed subject to cost of `10,000/- to
be deposited by petitioner with Prime Minister‟s Relief Fund within two
weeks from today. Upon placing on record the receipt of cost, FIR
No.459/2013, under Sections 279/337 of IPC registered at Police Station
Vasant Vihar, Delhi and the charge-sheet filed under Section 304-A of
IPC shall stand quashed qua petitioner.
This petition and the application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
SEPTEMBER 02, 2015
s
CRL.M.C. 3577/2015 Page 6
