The Delhi High Court has recently observed that partial quashing of FIR only qua the accused with whom the complainant has compromised or settled the matter is permitted in law.
The single-judge bench of Justice Rajnish Bhatnagar was adjudicating upon a petition filed seeking to quash proceedings under Sections 406/420/34 IPC on ground of agreement with the complainant.
The petitioner is said to be friends with the complainant who was well aware of his financial sitaution. After accusations and complaint, he eventually negotiated the matter with him.
Counsel for the petitioner submitted that there are no disputes, claims or grievances that now remain pending between the petitioner and the complainant. The disputes between them was of private nature, and as they have amicably settled the matter.
The State showed no objection as such.
The Court at the outset noted that where the court will exercise jurisdiction under Section 482 of the Code could not be inflexible or laying rigid formula to be followed by the court. Citing B.S. Joshi & Ors Vs. State of Haryana & ANR, 2003 Latest Caselaw 169 SC and M/S. Pepsi Foods Ltd. & ANR Vs. Special Judicial Magistrate & Ors , 1997 Latest Caselaw 725 SC the Court noted that exercise of powers under Section 482 CrPC would depend upon the facts and circumstances of each case but with the sole purpose to prevent abuse of the process of any court or otherwise to secure the ends of justice.
The Court stressed on cautoius and judicious use of these powers. It also referred to Madhavrao Jiwaji Rao Scindia & ANR Vs. Sambhajirao Chandrojirao Angre & Ors, 1988 Latest Caselaw 36 SC it was held that while exercising inherent power of quashing under Section 482, it is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. It was opined that chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may, while taking into consideration the special facts of a case, also quash the proceedings.
Noting that the petitioner/accused cannot be allowed to suffer based on a complaint filed by the respondent, when subsequently, all disputes have been settled between the parties, the Court held:
"Partial quashing or part quashing of FIR only qua the petitioner/ accused with whom the complainant has compromised or settled the matter can be allowed."
The Court accordingly quashed the FIR.
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