Amit Jain & Ors. vs The State ( Govt Of Nct Of Delhi) & ...
2016 Latest Caselaw 1306 Del

*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   CRL.M.C. 4795/2015 & Crl.M.A. 17298/2015
                                  Date of Decision : February 19th, 2016
    AMIT JAIN & ORS.                                       ... Petitioner
                  Through:              Ms. Komal Bhardwaj, Advocate

                         versus

    THE STATE ( GOVT OF NCT OF DELHI) & ANR ... Respondent
                  Through: Mr. Izhar Ahmad, Additional Public
                            Prosecutor for the State

           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. Amit Jain, Sh. Raj Kumar Jain, Smt.

Chandan Mala Jain and Smt. Anita Jain for quashing of FIR

No.349/2007 dated 18.07.2007, under Sections 420/468/471/34 IPC

registered at Police Station Subzi Mandi on the basis of the mediation

report of the Delhi Mediation Centre, Tis Hazari Courts, Delhi arrived

at between petitioners and the respondent no.2, namely, Smt. Suresh

Kumari on 20.07.2015.

2. Learned Additional Public Prosecutor for respondent-State

submitted that the respondent no.2, present in the Court has been

identified to be the complainant/first informant in the FIR in question

by her counsel.

3. The factual matrix of the present case is that the FIR in question

was lodged by the complainant on the allegation that the complainant

had given the ground floor of her house on rent to one Ashok Kumar

Jain and the complainant used to reside on the first floor of the said

property. The said tenant died on 27.08.2006 and the rent became due

since 2003. Then all the accused filed a false and frivolous complaint

against the complainant for permanent and mandatory injunction to

claim their right in the said property on 15.01.2007. The complainant

was shocked to see the no objection cum affidavit bearing her

signatures which related to the year 1996,1998,2000,2001 and 2002

and forged receipts. The complainant alleged to have never issued any

receipt in her life time to her tenant.

On 15.01.2007, the petitioners had filed a suit vide C.S. No.

11/2007 (302/12/7) against the respondent no.2. Thereafter, on

25.05.2007, the complainant filed a complaint case along with an

application under Section 156 (3) Cr.P.C. for registration of an FIR.

Thereafter, the FIR in question was lodged against the

petitioners/accused persons. A civil suit bearing No. 544/2011 for

recovery of possession, arrears of rent, damages and mandatory

injunction was filed by the respondent no.2. The IO filed a charge

sheet against the petitioners. During the pendency of the trial, on

09.07.2015, the parties were referred to the mediation cell where they

resolved all their issues.

4. Respondent No.2 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 respective accused persons and

complainants of FIRs bearing no. 349/2007, 62/2008, 146/2007 and

233/2007 registered at Police station Subzi Mandi shall compound the

offences arising out of the said FIRs with each other without any

compensation by initiating appropriate legal proceedings for quashing

of FIRs and all other consequential proceedings arising out of the said

FIRs or for disposal of the said case in accordance with law before the

referral Court on or before 31.08.2015 and in the said proceedings the

concerned parties shall cooperate with each other. It is agreed that the

above settlement is without prejudice to the outcome of the suit

bearing no. 261/10, titled as "Suresh Kumari v. NDPL", filed by

respondent no.2 and also without prejudice to the appeal filed by

respondent no.2 which is pending before ATMCD. Respondent no. 2

affirmed the contents of the aforesaid settlement. 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. Statement of the respondent

No.2 has been recorded in this regard in which she stated that she has

entered into a compromise with the petitioners and has settled all the

disputes with them. She further stated that she has no objection if the

FIR in question is quashed.

5. 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."

6. 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.

7. 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 agreed to the quashing of the FIR in question and

has stated that the matter has been settled out of her 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.

8. 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.

9. 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.

10. 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 that the offences under Sections 468/471 IPC

are non-compoundable offences, there should be no impediment in

quashing the FIR under these sections, if the Court is otherwise

satisfied that the facts and circumstances of the case so warrant.

11. In the facts and circumstances of this case and in view of

statement made by the respondent No.2, the FIR in question warrants

to be put to an end and proceedings emanating thereupon need to be

quashed.

12. Accordingly, this petition is allowed and FIR No.349/2007

dated 18.07.2007, under Sections 420/468/471/34 IPC registered at

Police Station Subzi Mandi and the proceedings emanating therefrom

are quashed against the petitioners.

13. This petition is accordingly disposed of.

14. Application Crl. M.A. 17298/2015 is also disposed of.

(P.S.TEJI) JUDGE FEBRUARY 19, 2016 dd