IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Mukhtiyaar Ali And Other - Appellant
Versus
The State Nct Delhi And Other - Respondent
Crl.M.C. 2021 of 2021
Decided On : 20-09-2021
Section 482 Cr.P.C - Quashing of FIR - Sections 307/34 IPC - State of M.P. v. Laxmi Narayan (2019) 5 SCC 688
Fact of the Case:
The petition seeks to quash FIR No.333/2020 dated 03.08.2020, registered for offences under Sections 307/34 IPC. The victim was seriously injured and the accused sought to quash the FIR based on a settlement agreement.
Finding of the Court:
The court dismissed the petition, stating that the injuries sustained were serious and the offence under Section 307 IPC is a heinous offence against society, not just the individual, and cannot be quashed solely on the ground of a compromise.
Issues: Whether the FIR for offences under Section 307 IPC can be quashed based on a settlement agreement.
Ratio Decidendi: The court applied the principles laid down in State of M.P. v. Laxmi Narayan (2019) 5 SCC 688, which established that offences under Section 307 IPC are heinous and cannot be quashed solely on the ground of a compromise.
Final Decision: The petition seeking to quash the FIR was dismissed.
JUDGMENT
Subramonium Prasad, J. - This petition under Section 482 Cr.P.C is for quashing FIR No.333/2020 dated 03.08.2020, registered at Police Station Jafrabad for offences under Sections 307/34 IPC.
2. Facts, in brief, leading to the present petition are as under:
a) On 02.08.2020, information was received from Jag Pravesh Chandra Hospital stating that a person has been admitted in the hospital. The said information was entered vide DD No.60A. ASI Naresh reached the hospital and collected the MLC of the victim, being MLC No.4920/2020. In the MLC, the doctor has opined that the victim had been assaulted by some unknown persons and the nature of injuries was opined to be serious. It was found that the victim, Imran, was shifted to the RML Hospital for further treatment. The victim was found in the ICU of the RML hospital and he was unfit for the statement. Victim's father, Abdul Gaffar, gave a statement in the hospital itself stating that on 02.08.2020, at around 9:30 PM he was at Akhade Wali Gali when someone told him that someone is quarreling with his son Imran. It is stated that when he reached the spot he saw that one Hannan, Adnan @ Chote and the petitioner herein were quarreling with his son. It is stated that Hannan and the petitioner herein were holding his son and Adnan stabbed him in the stomach and they all escaped from the spot. It is stated that the victim was brought to the JPC Hospital and from there he was referred to the RML Hospital for further treatment. On the statement of the father of the victim, FIR No.333/2020 dated 03.08.2020, was registered at Police Station Jafrabad for offences under Sections 307/34 IPC.
3. Investigation is complete.
4. The material on record disclose that Hannan was declared as a Proclaimed Offender. The opinion on the MLC was obtained from the RML Hospital and the injuries were found to be serious in nature. Charge-sheet has been filed. In the charge-sheet it is stated that there is enough material against the accused to proceed ahead against him under Sections 307/34 IPC.
5. It is stated that in the interregnum the parties have entered into a compromise. The compromise deed has been filed along with the petition. The compromise deed shows that the accused will pay a sum of Rs.3,00,000/- as compensation/medical/other charges. It is stated that out of Rs.3,00,000/- the accused have paid Rs. 1,00,000/- to the victim at the time of signing of the settlement agreement and the remaining amount will be paid at the time of quashing of the FIR.
6. Heard Mr. Rishipal Singh, learned counsel for the petitioner and Ms. Meenakshi Chauhan, learned APP for the State and perused the material on record.
7. The learned counsel for the petitioner states that the parties reside in the same area and they are distantly related to each other. He states that the victim was attacked only with a kitchen knife. It is stated that the parties have decided to settle their disputes and have entered into compromise. He contends that in order to ensure that both sides live peacefully the FIR be quashed.
8. Ms. Meenakshi Chauhan, learned APP for the State, strongly opposes the instant petition and had held that the petitioner has been stabbed twice in the abdomen and has suffered serious injuries. She states that the High Court should not exercise its jurisdiction under Section 482 Cr.P.C for quashing those offences which are heinous in nature. She places reliance on a judgment dated 19.11.2019 passed by this Court in CRL.A. 1141/2017 titled as Sonu @ Shahnawaz v. State (NCT Govt. of Delhi), wherein it was held that kitchen knife is a deadly weapon. She also places reliance on another judgment dated 28.04.2017 passed by this Court in W.P.(CRL) 1237/2017 titled as Rampla Singh & Ors. v. NCT of Delhi & Ors, wherein this Court has refused to quash an offence under Section 307 IPC on the ground that the dispute has been resolved between the parties.
9. The present case is for quashing the criminal proceedings for offences unde
Offences under Section 307 IPC are heinous and cannot be quashed solely on the ground of a compromise.
Quashing FIRs under Section 482 Cr.P.C. for non-compoundable offences like Section 307 IPC is discretionary and requires a balance between justice for the individual and societal interests.
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FIR under Section 307 IPC not quashable on compromise if charge-sheet evidences grievous life-endangering injuries from deadly weapons, establishing prima facie heinous offence against society.
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