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2017 Supreme(Del) 1777

IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
SAURABH KUMAR @ SONU BABA – Petitioner
Versus
STATE & ANOTHER – Respondents
Crl. M.C. No. 1937 of 2017
Decided On : 30-05-2017

Advocates Appeared:
For the Petitioner: Ms. Sunita Arora.
For the Respondents: Mr. Panna Lal Sharma with Suman Lata.

The main legal point established in the judgment is the sparing exercise of the inherent power under Section 482 of the Code of Criminal Procedure to quash proceedings, particularly in cases with a predominantly civil character, to secure the ends of justice and prevent abuse of the process of law.

Headnote:

Section 482 Cr.P.C. - Quashing of FIR - Settlement between parties - 354/354A/354B/354D/451/506/509 IPC - Summary of Acts and Sections: The court discussed the need for amicable resolution of disputes and the principles guiding the exercise of power under Section 482 of the Code of Criminal Procedure. It emphasized the importance of securing the ends of justice and preventing abuse of the process of law, particularly in cases with a predominantly civil character. The court also highlighted the distinction between compoundable and non-compoundable offences and the circumstances under which the inherent power of the High Court should be exercised to quash proceedings.

Fact of the Case:

The petitioner sought quashing of an FIR filed under various sections of the Indian Penal Code based on a settlement with the complainant. The complainant alleged that the petitioner had harassed and molested her, but later affirmed a settlement with the petitioner, expressing no objection to quashing the FIR.

Finding of the Court:

The court found that the settlement between the parties warranted the quashing of the FIR to prevent abuse of the process of law and secure the ends of justice. It emphasized the amicable resolution of disputes and the importance of sparingly exercising the inherent power under Section 482 of the Code of Criminal Procedure.

Issues: The issues involved the settlement between the parties, the exercise of inherent power under Section 482 of the Code of Criminal Procedure, and the quashing of the FIR based on the settlement.

Ratio Decidendi: The court's decision was based on the principles of securing the ends of justice, preventing abuse of the process of law, and sparingly exercising the inherent power under Section 482 of the Code of Criminal Procedure, particularly in cases with a predominantly civil character.

Final Decision: The court allowed the petition and quashed the FIR and proceedings emanating therefrom against the petitioner, based on the settlement between the parties.

JUDGMENT :

P.S. TEJI, J.

1. The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Saurabh Kumar @ Sonu Baba for quashing of FIR No. 381/2014, under Section 354/354A/ 354B/354D/451/506/509 IPC registered at Police Station Kalyanpuri, Delhi on the basis of a settlement between the petitioner and respondent No. 2 namely, Smt. Sunita.

2. Learned Additional Public Prosecutor for respondent-State submitted that the respondent present in the Court has been identified to be the complainant in the FIR in question.

3. The factual matrix of the present case is that the petitioner allegedly roams around the residence of the complainant/respondent no. 2 even though he does not reside in the same DDA Flats. The respondent no. 2 has alleged that the petitioner uses dirty and filthy language and passes lewd comments on her. On 06.05.2014 around 10.15 a.m. when the complainant was in her house along with her daughter and her husband had gone outside, the petitioner started banging on the door loudly and he abused the complainant asking her to come out of the house. On opening the door to confront the petitioner, he allegedly misbehaved with her and molested her. The complainant after the above incident got registered the FIR in the present matter.

4. Respondent No. 2 present in the Court submitted that the dispute between the parties has been now resolved with the accused/petitioner. Respondent affirmed the contents of the aforesaid settlement. All the disputes and differences have been resolved and now no dispute with petitioner survives and so, the proceedings arising out of the FIR in question may be brought to an end. Statement of the respondent has been recorded in this regard in which she stated that she has entered into a settlement with the petitioner and has settled all the disputes with him. She further stated that she has no objection if the FIR in question is quashed.

5. In Gian Singh vs. State of Punjab, (2012) 10 SCC 303 Apex Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-

“61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above questions is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.”

6. The aforesaid dictum stands reiterated by the Apex Court in a recent judgment in Narinder Singh vs. State of Punjab, (2014) 6 SCC 466. The relevant observations of the Apex Court in Narinder Singh (Supra) 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.

(ii) to prevent abuse of the process of any court.

Whi











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