Surinder Kumar & Ors vs The State (Govt. Of Nct Of Delhi) & ...
2016 Latest Caselaw 1813 Del

*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   CRL.M.C. 5145/2015
                         Date of Decision: March 08th, 2016
    SURINDER KUMAR & ORS                        ... Petitioner
                Through: Mr. Randhir Singh Kalkal, Advocate

                         versus

    THE STATE (GOVT. OF NCT OF DELHI) & ORS ... Respondent
                  Through: Ms. Meenakshi Chauhan, Additional
                            Public Prosecutor for the State with
                            ASI Davinder, Police Station Dabri,
                            Delhi

           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. Surinder Kumar, Sh. Rajender, Sh.

Narender Kumar and Sh. Gyarsi Lal for quashing of FIR No.44/2009

dated 31.01.2009, under Sections 323/325/452/506/34 IPC registered

at Police Station Dabri on the basis of the compromise deed arrived at

between the petitioners and the respondent nos.2 & 3, namely, Sh.

Sukhdev Singh and Sh. Bhanwar Singh, respectively on 01.05.2013.

2. Learned Additional Public Prosecutor for respondent-State

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

identified to be the first-informant/complainant and respondent no.3

has been identified to be the victim in the FIR in question by their

counsel.

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

lodged the FIR in question on the allegation that Narender is running

the building material shop and he used to unload Balu, Reti, Badarpur

and Rori and due to the same, the road/way used to get blocked and

there is heavy dust due to the same and he also used to keep the

building material on both sides of the shop of the complainant. On

31.01.2009, at about 4:30 pm, when the accused persons were loading

the dust in their vehicle, there was heavy dust and therefore the

complainant requested them to add some water to it so that there

would not be any dust. When the accused persons did not pay any

heed, the complainant told them that he would file a complaint. On

this, Sanjay ran towards the complainant with a phawda, meanwhile

the other accused came running towards the complainant and started

abusing him. Narender tried to give a blow on the head of the

complainant and the complainant received injuries on his little finger

of right hand. Surender and Rajender caught the complainant by his

neck and slapped him and gave him blows.

The petitioner nos. 1 to 4 were arrested and they were released

on bail. On 01.05.2013, the matter was amicably settled between the

parties.

4. Respondent Nos.2 & 3 present in the Court, submitted that the

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

compromise deed, it is agreed that the petitioners have tendered an

apology in the presence of respectable persons of locality and the

respondent nos. 2 & 3 have accepted the same. It is also agreed that

the petitioners shall not create any problem/quarrel in future with the

respondent nos. 2 & 3 and their family members in any manner. It is

also agreed that the petitioners and respondent nos. 2 & 3 shall live

together peacefully in the same locality as residents. It is also agreed

that respondent nos. 2 & 3 shall appear before this Court for quashing

of the FIR in question and that they shall not create any disturbance

with the petitioners. Respondent nos.2 & 3 affirmed the contents of

the aforesaid settlement and of their individual affidavits dated

08.12.2015 supporting this petition. As per the affidavits filed by the

respondent nos. 2 & 3, it has been stated that all disputes with the

petitioners have been settled and that there exists 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 respondent nos.2 & 3 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.

Respondent nos.2 & 3 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 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 a 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.

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

statements made by the respondent nos.2 & 3, 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.44/2009 dated

31.01.2009, under Sections 323/325/452/506/34 IPC registered at

Police Station Dabri and the proceedings emanating therefrom are

quashed against the petitioners.

13. This petition is accordingly disposed of.

(P.S.TEJI) JUDGE MARCH 08, 2016 dd