Shri Om Tyagi & Anr vs The State ( Nct Of Delhi) & Ors
2016 Latest Caselaw 1541 Del

*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   CRL.M.C. 4703/2015
                                    Date of Decision: February 26th, 2016
    SHRI OM TYAGI & ANR                                    ..... Petitioner
                  Through:          Mr. P.K. Srivastava, Advocate

                         versus

    THE STATE ( NCT OF DELHI) & ORS              ..... Respondent
                  Through: Mr. Rajat Katyal, 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. Shri Om Tyagi and Sh. Rizwan for

quashing of FIR No.163/2013 dated 04.12.2013, under Sections

392/354/411/34 IPC registered at Police Station Maurice Nagar on the

basis of the settlement arrived at between the petitioners and the

respondent nos. 4 & 5, namely, Sh. Yogesh Pandey and Smt. Anita on

10.08.2015.

2. Learned Additional Public Prosecutor for respondent-State

submitted that the respondent no.4, present in the Court has been

identified to be the complainant/first informant and respondent no.5

has been identified as the victim in the FIR in question by SI Rohit.

3. The factual matrix of the present case is that the complainant

lodged the FIR in question on the allegation that on 04.12.2013, the

complainant was walking along with respondent no.5 when two boys

came and out of them, one caught hold of the neck of the complainant

and slapped him while the other boy caught hold of the hand of

respondent no.5 and twisted it. The accused persons then took out the

purse of the complainant which contained Rs. 1200/-, his voter id card

and some photographs. Immediately, the complainant called the

police who apprehended the accused persons. The police recovered

the purse and cash from the accused-Rizwan.

On the complainant of respondent no.4/complainant, the FIR in

question was registered against the accused persons. The IO filed a

charge sheet. On 03.09.2014, the Ld. MM, Tis Hazari Courts, Delhi

framed charges against the petitioners. Later on, the parties arrived at

an amicable settlement and compromised their matter.

4. Respondent Nos.4 & 5 present in the Court, submitted that the

dispute between the parties has been amicably resolved. As per the

settlement deed, it is agreed between the parties that respondent nos. 4

& 5 do not have any further grievances against the petitioners and

thus respondent nos. 4 & 5 do not want to pursue the proceedings

emanating from the FIR in question. It is also agreed that respondent

nos. 4 & 5 would have no objection if the FIR in question is quashed

before this Court. It is also agreed that respondent nos. 4 & 5 shall

cooperate fully in the filing of the quashing petition of the FIR in

question with its subsequent proceedings in future against petitioners.

Respondent nos. 4 & 5 affirmed the contents of the aforesaid

settlement and of their affidavits dated 10.08.2015. As per the

individual affidavits filed by respondent nos. 4 & 5, they have settled

all their disputes with the petitioners and 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. 4 & 5 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.

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 nos. 4 & 5 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.

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 a 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 392/354 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

statements made by the respondent nos. 4 & 5, 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.163/2013

dated 04.12.2013, under Sections 392/354/411/34 IPC registered at

Police Station Maurice Nagar and the proceedings emanating

therefrom are quashed against the petitioners.

13. This petition is accordingly disposed of.

(P.S.TEJI) JUDGE FEBRUARY 26, 2016 dd