IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Deepak & Anr. – Appellants
Versus
State & Ors. – Respondents
Cr.M.C. 5855 of 2019
Decided On : 15-05-2023
Quashing of FIR - Serious Offences - IPC 1860 - Sections 365/392/411/34 - Summary
Fact of the Case:
The petitioner sought quashing of FIR for serious offences under IPC Sections 365/392/411/34. The allegations involved a road rage incident where the petitioner's car had a quarrel with the complainant, snatched his mobile phone and demanded money.
Finding of the Court:
The Court found the allegations serious in nature and not a fit case for quashing the FIR based on compromise. The Court dismissed the petition considering the gravity of the offence and the road rage incident.
Issues: Quashing of FIR based on compromise, Seriousness of allegations, Road rage incident
Ratio Decidendi: The Court emphasized that quashing of FIR should be an exception and rarity, especially in cases of serious offences. The Court also highlighted the principles governing quashing of FIRs as laid down by the Hon'ble Supreme Court.
Final Decision: The petition for quashing of FIR was dismissed, and the judgment was uploaded on the website.
JUDGMENT
Swarana Kanta Sharma, J.
1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure Code (`Cr.P.C.') by the petitioner seeking quashing of FIR bearing No. 441/2019 registered at Police Station Punjabi Bagh, Delhi for offences punishable under Sections 365/392/411/34 of the Indian Penal Code, 1860 (`IPC.).
2. Brief facts of the present case are that on 10.08.2019, the brother of the caller, Khurshid i.e., respondent No. 3/complainant, driver of the truck bearing license no. RJ 14 GJ 9221, was en route from Mundka, Delhi to Alwar, Rajasthan via Punjabi Bagh Round when unidentified individuals i.e. the present petitioners driving an i20 car had instructed the complainant to halt the truck. The petitioners engaged in a quarrel with the complainant and had threatened him to give petitioners a sum of Rs. 20,000. When the complainant had refused to comply, the driver of the i20 car, Deepak i.e. petitioner no. 1, had called the other co- accused namely Ashwin i.e. petitioner no. 2 who had snatched complainant's mobile phone and documents of truck. Petitioner no. 2 had accompanied the complainant in his truck to an undisclosed location. After that, owner of the truck had informed the police of the truck's location through GPS, as well as the fact that complainant's phone was switched off. As a result, the police had located the alleged truck in Sampla, Haryana. Thereafter, statement of the complainant was recorded and said FIR was registered.
3. Learned counsel for the petitioners stated that the parties have compromised the dispute with the intervention of family members of both the parties and therefore, this Court may quash the FIR.
4. However, this Court was not inclined to quash the FIR on the basis of a compromise, considering that the allegations levelled in the case are serious in nature and it was not a fit case for quashing of FIR on the basis of compromise.
5. Learned counsel for the petitioner thereafter insisted that the matter be heard on merits and to be decided, therefore, this Court has heard arguments on merit, at length. It is stated that present case is a fit case for quashing of FIR since, the case has been registered due to some misunderstanding between the parties and that later on the parties realized that a misunderstanding had taken place between them. The mobile phone and money of the complainant has been returned to the complainant by the accused persons. It is also submitted that petitioner no.1 is young boy of 25 years and is a student. Hence, the FIR be quashed. It is vehemently stated that no useful purpose will be served by proceeding further trial of this case and, therefore, it is a fit case for quashing.
6. Learned APP for the State, on the other hand, states that the allegations levelled in this case are serious in nature and such cases cannot be quashed on the basis of compromise.
7. I have heard arguments on behalf of both the parties and have perused the material on record.
8. As petitioners herein have approached this Court seeking quashing of the FIR that has been registered against them, it is pertinent to initially refer to and contemplate the principles that govern quashing of FIRs.
9. In State of Haryana and Ors. v. Ch. Bhajan Lal and Ors., 1992 SCC (Cri) 426, Hon'ble Apex Court had culled down principles to be considered while quashing FIRs, the same is reproduced as under:
"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extra-ordinary power under Article 226 or the inherent powers Under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be
Quashing of FIR should be sparingly exercised, especially in cases of serious offences, and the Court should not interfere with the investigation at the initial stage.
Quashing of FIR should be an exception and rarity, and the court cannot inquire into the reliability or genuineness of the allegations in the FIR.
The nature of the offence and its impact on society are crucial factors in deciding whether to quash an FIR.
High Court's jurisdiction under Section 482 Cr.P.C. is to be exercised sparingly, focusing on whether allegations disclose a cognizable offence without resolving the merits.
The main legal point established in the judgment is that serious allegations, such as those involving extortion and physical assault, cannot be quashed based on a settlement agreement at the initial ....
The main legal point established in the judgment is that the power to quash an FIR should be exercised sparingly and only in exceptional cases, as per the guidelines laid down by the Supreme Court.
The power of quashing should be exercised sparingly and only in exceptional circumstances when a prima facie case is not made out against the accused. The court also highlighted the principles that g....
The main legal point established in the judgment is that the High Court has inherent powers to prevent an abuse of the process of any court or to secure the ends of justice, especially in cases where....
The main legal point established in the judgment is the importance of securing the ends of justice and preventing the abuse of the process of law in exercising the inherent power for quashing the FIR....
The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings to meet the ends of justice, especially in cases of compromise between the parties.
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