Aman Dahiya v. The State NCT Of Delhi Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1351/2017 AMAN DAHIYA ..... Petitioner Through:
Mr. Raj Kumar, Adv.
versus THE STATE NCT OF DELHI & ANR ..... Respondents Through:
Ms. Richa Kapoor, ASC with Mr.
Ashish Negi, Adv.
ASI Shyam Bir, P.S. Mehrauli.
Ms. Naina Walia, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 05.05.2017 Crl.M.A.7453/2017 Exemption allowed, subject to all just exceptions. Application is disposed of.
W.P.(CRL) 1351/2017 The petitioner seeks quashing of the FIR No.1502/2016 dated 26.08.2016 (P.S. Mehrauli) instituted for the offences under sections 354/ 509/506 of the IPC.
For the petitioner having misbehaved with respondent no.2 and having attempted to pick up a fight with her uncle as well, the subject FIR was registered.
The petitioner and respondent no.2 are said to have known each other as they were classmates in the school. At the time of the commission of
offence, the petitioner was 17 years of age.
With the intervention of the parents of the petitioner and respondent no.2, the parties have decided to settle the dispute. In fact, the case was lodged because of some misunderstanding in the mind of respondent no.2. Regard being had to the nature of accusation and the settlement between the parties, this Court is inclined to quash the subject FIR. In Gian Singh vs. State of Punjab & Another, (2012) 10 SCC 303, the Supreme Court has held that cases which are not compoundable under Section 320 of the Cr.P.C. could also be quashed, when continuation of any criminal proceeding would be an exercise in futility and where justice demands that the dispute between the parties should be put to an end and peace is restored. But ending of such criminal proceedings could only be ordered for securing the ends of justice.
The Supreme Court has further observed in Gian Singh vs. State of Punjab & Another (Supra):
"58............................ No doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without the permission of the court. In respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. However, certain offences which overwhelmingly and
predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard-and-fast category can be prescribed." [Refer to B.S.
Joshi, (2003) SCC 675;
Nikhil Merchant, (2008) 9 SCC 677 and Manoj Sharma, (2008) 16 SCC 1.] Considering the aforesaid facts, the FIR No.1502/2016 dated 26.08.2016 (P.S. Mehrauli) instituted for the offence under sections 354/509/506 of the IPC and all the emanating proceedings therefrom are quashed.
The petition is disposed of in terms of the above. ASHUTOSH KUMAR, J MAY 05, 2017 ab