Mr. Varun Sharma & ORS. v. State Of NCT Of Delhi & ORS.
$~14 & 19 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 10208/2024 TOSHENDRA SOOD & ANR.
.....Petitioners Through:
Mr. Sermon Rawat, Ms.
Aastha Vishwakarma & Mr. Virat Pratap Singh, Advocates alongwith Both Petitioners-in-Person.
versus STATE (NCT OF DELHI) AND ANR.
.....Respondents Through:
Mr.
Naresh Kumar Chahar, APP for the State.
Mr.
Nimish Chib, Advocate for R-2 alongwith R-2-in-Person.
SI Kavish Rana (P.S.
Laxmi Nagar).
+ CRL.M.C. 10246/2024 MR. VARUN SHARMA & ORS.
.....Petitioners Through:
Mr.
Nimish Chib, Advocate alongwith All Petitioners-in-Person.
versus STATE OF NCT OF DELHI & ORS.
.....Respondents Through:
Mr.
Naresh Kumar Chahar, APP for the State.
Mr. Sermon Rawat, Ms.
Aastha Vishwakarma & Mr. Virat Pratap Singh, Advocates for R-2 & R-3 alongwith R-2 & R-3-inPerson.
SI Kavish Rana (P.S.
Laxmi Nagar).
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 24.12.2024 CRL.M.A. 39140/2024 (exemption from filing certified copies of annexures) in CRL.M.C. 10208/2024 CRL.M.A. 39282/2024 (exemption from filing certified copies of annexures) in CRL.M.C. 10246/2024 1.
Exemptions allowed, subject to all just exceptions. 2.
The applications stand disposed of.
3.
The present petitions are filed seeking quashing of crossFIRs, being, FIR No. 124/2018 dated 25.03.2018, for offences punishable under Sections 323/354/509/34 of the Indian Penal Code, 1860 ('IPC') and FIR No.122/2018 dated 19.03.2018, for offences punishable under Sections 451/506/323/354/34 of the IPC, both registered at police station Shakarpur, including all consequential proceedings arising therefrom. The chargesheets have been filed in the present cases.
4.
It is averred that the parties are neighbours and an altercation took place between them due to a dispute in relation to the car of Petitioner No.2 (in CRL.M.C. 10208/2024) being parked in front of the house of Respondent No.2 (in CRL.M.C. 10208/2024). The incident led to registration of the cross-FIRs. 5.
Charges were framed against the accused persons in the proceedings emanating from the respective FIRs. The same was challenged by the accused persons by way of separate revision petitions. The revision petitions were dismissed, whereafter, the accused persons in both the matters preferred separate The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
miscellaneous cases, being, CRL MC 3444/2024, CRL MC 4820/2024, CRL.M.C. 7764/2024 and CRL.M.C. 8595/2024, against the concerned dismissals.
6.
This Court, by common order dated 13.12.2024, in the aforesaid matters, had referred the parties to the Delhi High Court Mediation and Conciliation Centre.
7.
The learned counsel for the parties submits that with the intervention of Delhi High Court Mediation and Conciliation Centre, the parties have now settled their disputes. 8.
They submit that the parties have decided to live in peace and harmony in future and the parties have also unconditionally apologized to each other for their behaviour. 9.
They further submit that the parties undertake to not indulge in any such activities in the future. 10.
The parties are bound down to the said undertaking. 11.
The present petitions are filed on the ground that the matters are amicably settled between the parties with the intervention of the Delhi High Court Mediation and Conciliation Centre, by way of the Settlement Agreement dated 20.12.2024, on their own free will, without any threat, force, coercion or misrepresentation.
12.
The petitions are duly supported with No Objection Certificate of the victims, in the respective cases, wherein they have deposed that they have no objection if the FIRs are quashed. 13.
The parties are present in person before this Court today and they have been duly identified by the Investigating Officer. 14.
The victims, 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.
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15.
They submit that they have no remaining grievance and they wish to live their lives peacefully in the future. 16.
Offences under Sections 323/451/506/509 of the IPC are compoundable in nature whereas offence under Sections 354 is non-compoundable in nature.
17.
It is well settled that the High Court while exercising its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
(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.
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) 18.
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 authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the High Court.
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 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 authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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) 19.
It is averred that the parties are neighbours and the altercation took place between the parties due to a petty dispute in relation to parking of a car. The respective victims have stated that they do not wish to pursue the proceedings arising out of the respective FIRs. In the peculiar circumstances of these cases, it is unlikely that the present FIRs will result in conviction when the victims do not wish to pursue the cases. In such circumstances, continuation of the proceedings would only cause undue harassment and heartburn.
20.
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 dispute The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
21.
In view of the above, FIR No. 124/2018 and FIR No.122/2018, and all consequential proceedings arising therefrom are quashed.
22.
The present petitions are allowed in the aforesaid terms. 23.
A copy of the order be placed in both the matters. AMIT MAHAJAN, J DECEMBER 24, 2024 'Aman'
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