Ranjan v. State (NCT Of Delhi) & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2830/2015 RANJAN ..... Petitioner Through Mr.Dharini Ravi, Adv.
versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms.Kamna Vohra, ASC for Mr.R.S.
Kundu, ASC.
SI Shyam Lal PS Kalyan Puri.
Mr.Jawahar Raja, Mr.Sahara Manju & Mr.Gautam Bhatia, Advs. for R2.
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 07.12.2015 Crl.M.A No.17860/2015 Exemption granted subject to all just exceptions. Application stands disposed of.
W.P.(Crl.)2830/2015 The petitioner seeks quashing of the FIR No.321/2013 (PS Kalyan Puri) lodged at the instance of respondent no.2 for offence under Section 308 of the IPC.
In the aforesaid FIR, respondent no.2 has alleged that on 19.05.2013 at about 11:30 p.m., the petitioner who was standing outside his house started abusing him. On protest, a fight took place. The petitioner is said to have assaulted respondent no.2 by means of a brick on his head. The brother and aunt of respondent no.2 came to his rescue who too were
injured.
The cause of occurrence, as has been stated in the FIR is the internal dispute in the family of the petitioner and respondent no.2. One of the daughter of the brother of respondent no.2 entered into a matrimonial alliance with the brother of the petitioner. The aforesaid court marriage was not accepted by the petitioner.
It has been submitted on behalf of the petitioner that a case by the petitioner was also filed against respondent no.2 vide FIR No.320/2013 in the same police station for offence under Section 308 of the IPC. Learned counsel appearing for the petitioner and respondent no.2, both have in unison stated that the FIRs referred to above arise out of a misunderstanding between petitioner and respondent no.2. They come from the same stock of family.
Because of the intervention of elders, all the disputes have now been settled.
Pursuant to the intervention of elders, petitioner and respondent no.2 settled all the disputes and have agreed to live in harmony hereafter. As part of settlement, it was agreed between the parties that the cases filed by them will be withdrawn and petitioner and respondent no.2 will maintain good family relationship.
Considering the aforesaid facts namely the settlement of dispute between petitioner and respondent no.2 as also the agreement between them to withdrawing their respective cases which they are filed against each other, 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 (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) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677 and Manoj Sharma, (2008) 16 SCC 1.]
In Narinder Singh & Ors. vs. State of Punjab & Anr., (2014) 6 SCC 466, the pertinent observations of the Apex Court 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.
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.
29.6. Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used, etc.
Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship.
29.7. While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the
matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the chargesheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above.
On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come to a conclusion as to whether the offence under Section 307 IPC is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court.
Here charge is proved under Section 307 IPC and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime."
Thus, the inherent powers of the High Court, having a wide plenitude could be used for quashing the FIR for securing the ends of justice and to prevent the abuse of the process of the court. Considering the nature of accusation, settlement of dispute between the parties and futility of allowing the investigation in this case to be continued any further, the subject FIR (FIR No.321/2013, PS. Kalyan Puri) and the emanating proceedings thereof are quashed.
The petition is disposed of in terms of the aforesaid. ASHUTOSH KUMAR, J DECEMBER 07, 2015/ab