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DINESH KUMAR SHARMA
Abhishek Bhardwaj – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 18762/2023 & CRL.M.A. 18763/2023 (exemption)
Exemptions allowed subject to all just exceptions.
Applications stand disposed of.
CRL.M.C. 4927/2023
1. Present petition has been filed for quashing of FIR no.0189 dated 18.04.2019 registered under Section 308/341/365/506/34 IPC at PS Nangloi.
2. Briefly stated facts of the case are that the present FIR 189/2019 was lodged at the statement of Abhishek Shrivastav alleging therein that on 17.04.2019 at about 7:30 pm while the complainant was going towards his house, one boy stopped him asked him about a person by showing the person's photo. The complainant told the boy that he has seen the person in the photo and on this the boy called his friends and they forced the complainant to sit in the car and take them to the person in the photo. When the complainant resisted, they started to beat him and threatened to kill him. The complainant was forcefully made to sit in the car. It is alleged that the complainant managed to get out of the car and he fell down while doing so. It is alleged that the 5 persons again started hitting him mercilessly. The Public persons who were around came to rescue the
Criminal Law – Offence of Attempt to Murder – Sought for quash of FIR – Amicable Settlement between parties - Criminal proceedings for offence under Section 307 IPC and/or the Arms Act, etc. which ha....
Criminal Law – Quash of Criminal proceedings - 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 o....
The court may quash criminal proceedings under section 482 CrPC when the chances of conviction are bleak and no useful purpose is likely to be served by allowing the prosecution to continue.
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.
The court can quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settlement between the concerned parties.
The court may quash proceedings if a settlement between the parties would lead to better relations and the chances of an ultimate conviction are bleak.
Offences under Section 307 IPC are heinous and cannot be quashed solely on the ground of a compromise.
The High Court can quash non-compoundable offences under Section 308 of IPC if the parties have amicably resolved their dispute, ensuring the ends of justice and preventing abuse of process.
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