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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Vivek Kumar & Ors. - Appellants
Versus
State Of Nct/ Delhi & Ors. - Respondents
Criminal Miscellaneous Case No. 1555 of 2020; Criminal Miscellaneous Appeal No. 17929 of 2020
Decided On : 07-01-2021
Quashing of FIR - Settlement - Section 308/34 IPC - [Section 308 IPC, Section 34 IPC] - The court allowed the petition seeking quashing of FIR under Sections 308/34 IPC based on the settlement between the parties. The court referred to the principles laid down in Gian Singh vs. State of Punjab & Anr. and Narinder Singh & Ors. vs. State of Punjab & Anr. to determine the fairness of quashing the criminal proceedings despite the non-compoundable nature of the offence. The court exercised its inherent power under Section 482 Cr.PC to quash the proceedings, considering the amicable settlement and the nature of the offence.
Fact of the Case:
The petition was filed for quashing of FIR under Sections 308/34 IPC based on a settlement between the petitioners and the complainants. The complainants alleged that the petitioners assaulted them with iron rods and unleashed a dog, resulting in injuries. Subsequently, the complainants entered into an amicable settlement with the petitioners and supported the quashing of the FIR.
Finding of the Court:
The court found that the settlement between the parties was genuine and that the nature of the offence was not heinous. It concluded that quashing the FIR would secure the ends of justice, considering the amicable resolution and the young age of the petitioners with no past criminal record.
Issues: The main issue was whether the court should exercise its inherent power to quash the FIR under Sections 308/34 IPC based on the settlement between the parties, despite the non-compoundable nature of the offence.
Ratio Decidendi: The court relied on the principles laid down in Gian Singh vs. State of Punjab & Anr. and Narinder Singh & Ors. vs. State of Punjab & Anr. to determine the fairness of quashing the criminal proceedings. It emphasized that the inherent power under Section 482 Cr.PC should be exercised sparingly and with great caution, considering the nature and gravity of the crime.
Final Decision: The court allowed the petition and quashed the FIR under Sections 308/34 IPC, directing the petitioners to deposit a sum of Rs.5000/- each with the Delhi High Court Advocates Welfare Trust as costs.
JUDGMENT
Jyoti Singh, J. - Crl. M.A. 17929/2020
This is an application filed by the Applicants namely Navneet Kumar Chhoker and Dhruv Chhoker seeking impleadment in the present petition.
For the reasons stated in the application, the same is allowed. The applicants are impleaded as Petitioner Nos. 2 and 3 in the petition.
Amended memo of parties is taken on record.
CRL.M.C. 1555/2020
1. Present petition has been filed under Section 482 Cr.PC by the Petitioners herein for quashing of FIR No.102/2020 dated 13.03.2020 under Sections 308/34 IPC, PS Jyoti Nagar, based on compromise/settlement Deeds between the Petitioners and the complainants/Respondent Nos.3 and 4 herein.
2. The allegations against the Petitioners as set out in the Status Report filed by the State are that the complainants namely Saurabh and Rohit Dhaka while on their way back from a park of 'S' Block, West Jyoti Nagar, at about 8.30 p.m., saw a boy namely Vivek Chaudhary who resides at 'D' Block Street No.9, West Jyoti Nagar armed with an iron rod. He alongwith his pet dog came to the complainants alongwith two unknown companions having sticks and told the complainants that they had earlier escaped on Holi but today they will be taught a lesson and before the complainants could understand the situation, both the companions of Vivek grabbed the complainants from their elbows. Vivek hit the complainants with iron rods several times and also unleashed his dog over one of the complainants because of which he started bleeding. Due to the noise, several persons came out of their houses, upon which the Petitioners slipped away. Injured were taken to the hospital and treated. Thereafter, the police was informed and FIR was registered.
3. Initially, the present petition was filed by Vivek Kumar on the basis of a Settlement Deed executed on 27.06.2020 between him and the two complainants. Affidavits have also been filed by the complainants in support of the settlement and quashing of FIR.
4. During the pendency of the petition, an Additional Status Report was filed on the basis of a supplementary written statement given by one of the complainant. It was brought out in the Status Report that the two other alleged assailants who were unidentified at the time of registration of the FIR, had been traced and identified. Their names were mentioned in the Status Report alongwith their addresses and respective dates of birth. As per the Status Report, the school records were verified and it was found that both were juveniles at the time of commission of the alleged offence. Subsequent to the filing of the said Status Report, the two applicants filed an impleadment application for being impleaded in the present petition and seeking a relief of quashing the FIR on the basis of a settlement entered into between them and the complainants on 16.12.2020. Copy of the Settlement Deed was placed on record.
5. The complainants/Respondent Nos.3 & 4 appeared in Court and submitted that the disputes between the parties have been amicably resolved. As per the Compromise Deeds, the said Respondents have amicably settled the matter, without any force and coercion and without seeking any compensation. It is further stated in the compromise deeds that the respondents have no objection to quashing of the FIR. Respondent Nos. 3 and 4 have affirmed the contents of the aforesaid Settlement Deeds and have also filed affidavits supporting the petition. MLC has been placed on record by the State, which reveals that the injury suffered by the complainants was simple.
6. Learned counsel for the Petitioners submits that the Petitioners are young boys. While Petitioner No.1 is 21 years of age and is currently studying in BCA Course, Petitioner Nos. 2 and 3 are in school. They have no past criminal record and belong to good families. The complainants have without any force or coercion entered into an amicable settlement with the Petitioners and support the relief sought by the Petitioners in the present petition seeking
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