Abdul Hannan & ORS. v. The State Govt. Of NCT Of Delhi & ANR.

$~115 & 116 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8254/2024 ABDUL HANNAN & ORS.

.....Petitioners Through:

Mr.

Mohd Anis Ur Rehman, Advocate alongwith All Petitionersin-person.

versus THE STATE GOVT. OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Raj Kumar, APP for the State.

Mr. Afsar Nabi, Advocate for R-2 alongwith R-2-inPerson.

SI Narender Singh (P.S.

Chandni Mahal).

+ CRL.M.C. 8257/2024 RIAZUDDIN & ANR.

.....Petitioner Through:

Mr. Afsar Nabi, Advocate alongwith Both Petitionersin-person.

versus THE STATE GOVT. OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Raj Kumar, APP for the State.

Mr.

Mohd Anis Ur Rehman, Advocate for R-2 alongwith R-2-in-Person.

SI Narender Singh (P.S.

Chandni Mahal).

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

O R D E R

% 21.10.2024 CRL.M.A. 31533/2024 (exemption from filing certified copies of annexures) in CRL.M.C. 8254/2024 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.A. 31549/2024 (exemption from filing certified copies of annexures) in CRL.M.C. 8257/2024 3.

Exemption allowed, subject to all just exceptions. 4.

The application stands disposed of.

5.

The present petitions are filed seeking quashing of FIR No.179/2019, for offence under Sections 308/34 of the Indian Penal Code, 1860 ('IPC') and FIR No.180/2019 for offences under Sections 323/341/34 of the IPC respectively, both dated 02.11.2019 and registered at Police Station Chandni Mahal, including all consequential proceedings arising therefrom. The chargesheets have been filed in both the cases. 6.

It is averred that that the shops run by the parties are located near each other. On the intervening night of 01.11.2019 and 02.11.2019, a scuffle took place between the parties when Mr. Riazuddin (complainant in FIR No.179/2019) asked Mr. Abdul Hannan (complainant in FIR No.180/2019) to remove the articles placed by him in front of Mr. Riazuddin's shop. The other accused persons in both the FIRs are the respective relatives of Mr. Riazuddin and Mr. Abdul Hannan who had joined the altercation. The incident led to the registration of the present FIRs.

7.

The learned counsel for the parties submit that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

are known to each other and have neighbouring shops. They submit that the dispute arose due to a petty misunderstanding and the parties have since resolved their disputes. 8.

The present petitions are filed on the ground that the matters are amicably settled between the parties, by way of Memorandum of Settlement-cum-Understanding dated 20.05.2024, with the intervention of well-wishers, on their own free will, without any threat, force, coercion, misrepresentation, or influences.

9.

In terms of Memorandum of Settlement-cumUnderstanding dated 20.05.2024, out of the total settlement amount of ₹1,20,000/-, an amount of ₹50,000/- stands already paid to Mr. Riazuddin (Respondent No.2 in CRL.M.C. 8254/2024), and the balance settlement amount of ₹70,000/- is handed over to him in cash in Court today.

10.

The parties are present in person before this Court today and they have been duly identified by the Investigating Officer. 11.

The parties unconditionally apologize for their behavior and undertake not to indulge into any such activity in future. 12.

The complainants, in the respective cases, on being asked, state that they do not wish to pursue the proceedings arising out of the respective FIRs registered by them, and they have no objection if the proceedings are quashed.

13.

They submit that they have no remaining grievance and they wish to live their lives peacefully in the future. 14.

Offences under Sections 323/341 of the IPC are compoundable in nature whereas offence under Section 308 of the IPC is non-compoundable in nature.

15.

It is well settled that the High Court while exercising its powers under Section 528 of Bharatiya Nyaya Sanhita, 2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

('BNSS') [erstwhile Section 482 of the Code of Criminal Procedure, 1973] can quash offences which are noncompoundable on the ground that there is a compromise between the accused and the complainant. The Hon'ble Apex Court has laid down parameters and guidelines for High Court while accepting settlement and quashing the proceedings. In the case of Narinder Singh & Ors. v. State of Punjab & Anr. : (2014) 6 SCC 466, the Hon'ble Supreme Court had observed 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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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."

(emphasis supplied) 16.

Similarly, in the case of Parbatbhai Aahir & Ors. v. State of Gujarat & Anr. : (2017) 9 SCC 641, the Hon'ble Supreme Court had observed as under :- "16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:

16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

16.2. The invocation of the jurisdiction of the High Court to quash a first information report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.

16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court.

16.5. The decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

punishing persons for serious offences.

16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.

16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.

16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and 16.10. There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."

(emphasis supplied) 17.

In the present matters, the respective complainants have stated that they do not wish to pursue the proceedings arising out of the respective FIRs. They have also stated that they have no remaining grievance and wish to live their lives peacefully in future. It is averred that the parties have had a long standing acquaintance and the altercation took place due to a petty dispute. In the peculiar circumstances of these cases, it is unlikely that the present FIRs will result in conviction when the complainants do The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

not wish to pursue the cases. In such circumstances, continuation of the proceedings would only cause undue harassment and heartburn to fester between the parties.

18.

Although the offences alleged in FIR No. 180/2019 are compoundable in nature, however, this Court is of the opinion that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offences.

19.

Keeping in view the nature of the dispute and that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the disputes alive and continuance of the proceedings would amount to abuse of the process of Court. I am of the opinion that this is a fit case to exercise discretionary jurisdiction under Section 528 of the BNSS.

20.

However, keeping in mind the fact that the charge sheets have already been filed in the respective cases and the State machinery has been put to motion, ends of justice would be served if the petitioners are put to cost.

21.

In view of the above, FIR No.179/2019 and all consequential proceedings arising therefrom are quashed, subject to the payment of cost of ₹15,000/- by the petitioners (in CRL.M.C. 8254/2024), to be deposited with the Delhi Police Welfare Society within a period of twelve weeks from the date. 22.

Similarly, FIR No.180/2019 and all consequential proceedings arising therefrom are quashed, subject to the payment of a total cost of ₹15,000/- by the petitioners (in CRL.M.C. 8257/2024), to be deposited with the Delhi Police Welfare Society within a period of twelve weeks from the date. 23.

Proof of deposit of costs to be submitted to the concerned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

SHO.

24.

The present petitions are allowed in the aforesaid terms. 25.

A copy of the order be placed in both the matters. AMIT MAHAJAN, J OCTOBER 21, 2024 'Aman'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.