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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Akhtar - Appellant
Versus
Government Of Nct, Delhi & Anr. - Respondents
Criminal Miscellaneous Case No. 59 of 2021; Criminal Miscellaneous Appeal No. 278 of 2021
Decided On : 01-02-2021
Quashing of FIR - Offences against the Society - Sections 419, 467, 471, 474, 376, 354, 506 read with Section 34 IPC - The court discussed the principles of quashing criminal proceedings based on settlement between the parties and emphasized that the power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The court highlighted the distinction between compounding of offences and quashing of criminal proceedings, and emphasized that the ends of justice and prevention of abuse of the court's process should guide the exercise of such power.
Fact of the Case:
The petitioner falsely represented himself as Shiva, promised marriage to the complainant, and had a physical relationship with her. The petitioner prepared a forged marriage certificate, and the complainant alleged serious offences including rape and forgery.
Finding of the Court:
The court dismissed the petition to quash the FIR, emphasizing that the offences were against the society at large and had a vital societal interest. The court highlighted that the settlement between the parties did not warrant quashing the criminal proceedings, as the offences were not merely private or civil disputes.
Issues: The main issue was whether the court should quash the FIR based on the settlement between the parties, considering the serious nature of the offences and their impact on society.
Ratio Decidendi: The court emphasized that the power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The court highlighted the distinction between compounding of offences and quashing of criminal proceedings, and emphasized that the ends of justice and prevention of abuse of the court's process should guide the exercise of such power.
Final Decision: The petition to quash the FIR was dismissed, and the court emphasized that the offences were against the society at large and had a vital societal interest, warranting continuation of the criminal proceedings.
JUDGMENT
Subramonium Prasad, J. - By way of this petition under Section 482 CrPC, the petitioner seeks quashing of FIR No.539/2020 dated 10.12.2020 registered at Police Station Prem Nagar for offences under Sections 419, 467, 471, 474, 376 354,506 read with Section 34 IPC.
2. The respondent No.2/complainant filed a complaint at Police Station Prem Nagar on 10.12.2020 stating that the petitioner/accused met her and revealed that his name is Shiva. It is stated that the petitioner promised that he would marry her. It is stated that the complainant and the petitioner became intimate and had physical relationship she had been promised marriage by the petitioner. It is stated that later the respondent No.2/complainant came to know that the petitioner had concealed his identity and his real name is Akhtar.
3. She states in the FIR that the petitioner took her to Arya Samaj Mandir and they both got married there and in the marriage certificate he has given his name as Akhtar. It is stated that after the marriage, the petitioner started demanding money and when the respondent No.2 visited his parents, she was driven away by them.
4. The present petition under Section 482 CrPC has been filed stating that the parties have amicably settled their dispute.
5. A compromise deed dated 15.01.2021 has been filed. Para 2 of the compromise deed states that the respondent No.2/complainant has pardoned the petitioner/accused and they are willing to lead their peaceful marital life.
6. A Status Report has been filed stating that during the course of the investigation complainant's statement was recorded under Section 164 CrPC wherein she supported her complaint. The Status Report states that Akhtar/Shiva hid his identity and was sexually exploiting the respondent No.2 for five years. It is stated in the Status Report that the petitioner has even forged Aadhaar Cards and he has got two Aadhaar Cards, one in the name of Akhtar and the second in the name of Shiva. The Status Report also states that the marriage certificate of the petitioner and the respondent No.2, was verified from the concerned Trust and the same was found to be a fake one.
7. Heard Mr. Haraprashad Sahu, learned counsel for the petitioner and Ms. Kusum Dhalla, learned APP for the State.
8. Mr. Haraprasad Sahu, learned counsel for the petitioner states that the petitioner and the respondent No.2 have decided to live as husband and wife. He relies on the a compromise deed dated 15.01.2021entered into between the parties. He further states that he wants to file an affidavit of the respondent No.2/complainant that she does not want to pursue the complaint. He states that in view of the fact that both the parties have decided to live as husband and wife, no useful purpose will be served in continuing with the complaint and the FIR be quashed.
9. The power of the High Court under Section 482 Cr.P.C. to quash proceedings in those offences which are non-compoundable is recognised. The Supreme Court has time and again held that High Court has to keep in mind the subtle distinction between the power of compounding offences given to the Court under Section 320 CrPC and the quashing of criminal proceedings and the jurisdiction conferred upon it under Section 482 CrPC.
10. The Supreme Court in Shiji & Ors v. Radhika & Anr, (2011) 10 SCC 705 has observed as under:
"18. Having said so, we must hasten to add that the plenitude of the power under Section 482 CrPC by itself, makes it obligatory for the High Court to exercise the same with utmost care and caution. The width and the nature of the power itself demands that its exercise is sparing and only in cases where the High Court is, for reasons to be recorded, of the clear view that continuance of the prosecution would be nothing but an abuse of the process of law. It is neither necessary nor proper for us to enumerate the situations in which the exercise of power under Section 482 may be justified. All that we need to say is that the exercise of power must
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
Dealing With a Plea That Dispute Has Been Settled - 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....
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.
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