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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sudhir Kumar Jain, J.
Mr. Sonu – Appellant
Versus
The State (Govt. of NCT of Delhi) & Ors. – Respondents
Cr.M.C. 4966 of 2023 & Cr.M.A. 18928 of 2023
Decided On : 21-07-2023
Section 482 Cr.P.C - Quashing of FIR - Section 307 IPC - Section 320 - Summary of Acts and Sections: Section 482, Section 307 IPC, Section 320 - The court discussed the scope of inherent powers under section 482 of the Code, the compounding of offences under section 320, and the limitations on quashing criminal proceedings. The court emphasized that the power to quash criminal proceedings should be exercised sparingly and with great care and caution, considering the nature and gravity of the crime. The court also highlighted the distinction between compoundable and non-compoundable offences and the factors to be considered when quashing criminal proceedings based on a settlement between the parties.
Fact of the Case:
The petitioner filed a petition under section 482 Cr.P.C seeking to quash the FIR registered under section 307 IPC. The petitioner and the respondents had settled their dispute amicably through a Settlement Agreement executed on 15.07.2023. The petitioner argued that the incident was trivial and without premeditation, and the parties belonged to the lower strata of society.
Finding of the Court:
The court allowed the petition and quashed the FIR and consequential judicial proceedings, subject to the payment of a cost of Rs.25,000/- by the petitioner. The court considered the amicable settlement between the parties, the nature of the offence, and the antecedents of the accused in reaching its decision.
Issues: The issues involved the exercise of inherent powers under section 482 of the Code, the compounding of non-compoundable offences, and the factors to be considered when quashing criminal proceedings based on a settlement between the parties.
Ratio Decidendi: The court emphasized that the power to quash criminal proceedings should be exercised sparingly and with great care and caution, considering the nature and gravity of the crime. The court also highlighted the distinction between compoundable and non-compoundable offences and the factors to be considered when quashing criminal proceedings based on a settlement between the parties.
Final Decision: The petition was allowed, and the FIR along with consequential judicial proceedings was quashed, subject to the payment of a cost of Rs.25,000/- by the petitioner.
JUDGMENT (Oral)
[Through Hybrid Mode]
1. The present petition is filed under section 482 Cr.P.C for quashing of FIR bearing no.269/2022 dated 05.07.2022 registered under section 307 IPC at P.S. Tigri along with consequential proceedings stated to be pending in the Court of Ms. Shailendra Kaur Principal District and Sessions Judge (South District), Saket Court, New Delhi.
2. Issue notice.
3. Mr. Utkarsh, Additional Public Prosecutor assisted by Investigating Officer, S.I. Rakesh Kumar, P.S. Tigri accepts notice on behalf of the respondent no.1/State.The respondent nos.2 and 3 are present in person along with counsel and accepts notice.
4. The present FIR was got registered on the basis of the complaint made by the respondent no.2 pertaining to the incident stated to be happened on 04.07.2022 wherein the petitioner was implicated. After conclusion of the investigation, the charge-sheet was filed under section 307/326 IPC. Beside respondent no.2, the respondent no.3 also received the injuries. The trial is stated to be pending in the Court of Ms. Shailendra Kaur, Principal District and Sessions Judge (South District), Saket Court, New Delhi and the charges have already been framed. The petitioner and the respondent nos.2 and 3 are identified by the respective counsel as well as by the Investigating Officer.
5. A cross FIR bearing no.268/2022 dated 05.07.2023 was also got registered under section 308/34 IPC on the basis of the complaint made by the petitioner wherein the respondent nos.2 & 3 were implicated. The petitioner also stated to have received injuries. After conclusion of the investigation, the trial is stated to be pending in the Court of Ms. Shailendra Kaur, Principal District and Sessions Judge, South District Saket, Delhi.
6. The counsel for the petitioner stated that the petitioner and the respondent nos.2 & 3 have settled their disputes vide Settlement Agreement/Memorandum of Understanding stated to be executed on 15.07.2023, whereby the concerned parties have agreed not to pursue with the judicial proceedings arising out of FIR bearing no.268/2022 and 269/2022. It is further stated that the petitioner and the respondent nos.2 & 3 belong to the lower strata of the society and are residing in the same locality. The alleged incident had happened on trivial issue and without any premeditation. The counsel for the petitioner also stated that the respondent no.2 received injuries which were opined to be simple and the injuries received by the respondent no.3 were grievous in nature. In these circumstances, the counsel of the petitioner prayed that the present petition be allowed and FIR bearing no. 269/2022 along with consequential judicial proceedings be quashed.
7. The counsel for respondent nos.2&3 also stated that the respondent nos.2&3 have settled with the petitioner due to intervention of the respectable persons of the society out of their own free will and without any force, fear and coercion and do not have any objection if the present petition is allowed and FIR bearing no.269/2022 along with consequential judicial proceedings is quashed.
8. The Additional Public Prosecutor for the respondent no.1/State opposed the present petition by stating that the respondent no.3 received the grievous injuries by the knife and the injuries were inflicted on the vital part of the body as such, the present petition be dismissed. The Additional Public Prosecutor during the course of the arguments cited State of Madhya Pradesh v Laxmi Narayan & Others, (2019) 5 SCC 688 and P. Dharamraj v Shanmugam & Others, 2022 SCC OnLine SC 1186. He also argued that the offence punishable under section 307 IPC is a non-compoundable offence.
9. Section 320 of the Code deals with compounding of offences. As per sub section (1) certain specified offences can be compounded without leave/permission of the court and as per sub section (2) certain specified offences can be compounded with leave/permission of the court. Section 482 saves the
The court's decision was based on the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the settlement between the p....
Inherent powers under section 482 of Code can be used to prevent abuse of process of law and to secure ends of justice.#12;
The High Court can quash non-compoundable offences under Section 482 if they are personal in nature and the parties have settled their disputes amicably, ensuring no adverse effect on public interest....
The court's decision was based on the principle that the power to quash criminal proceedings should be exercised to secure the ends of justice and prevent abuse of the process of the court, consideri....
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
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.
The court ruled that serious offences under IPC, such as Section 307, cannot be quashed based on compromise, emphasizing the distinction between quashing and compounding offences.
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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