IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajnish Bhatnagar, J.
Shakib Ali @ Sahil – Appellant
Versus
State NCT of Delhi & Anr. – Respondents
Cr.M.C. 2927 of 2023
Decided On : 06-09-2023
ABUSE OF PROCESS OF LAW - Quashing of FIR - Sections 376(2)(n)/506 IPC - Kapil Gupta v. State NCT of Delhi, 2022 SCC OnLine SC 1030; Gian Singh v. State of Punjab & Anr., (2012) 10 SCC 303; Salman Rahman v. State Govt. of NCT of Delhi & Ors. in Crl. M. C. No. 4655 of 2022; Himanshi Goel v. State (Govt. of NCT of Delhi) & Anr. in W.P. (Crl.) 1296/2022; Kundan & Anr. v. State & Ors. in Crl.M.C. 27/2022; Arun Shankar Shukla V State of Uttar Pradesh and others, AIR 1999 SC 2554; B.S. Joshi V State of Haryana, (2003) 4 SCC 675; Sushil Suri V Central Bureau of Investigation and another, (2011) 5 SCC 708; Gian Singh v. State of Punjab, (2012) 10 SCC 303; Permanand Mishra & Another v. The State of NCT of Delhi & Another, Crl.M.C.No.3076/2021; Mandar Deepak Pawar v. The State of Maharashtra in CRL.A.442/2022; Anand D.V. v. State & Anr. in CRL.A.Nos.394-95/2021; Ganesh Shankar Pilane v. The State of Maharashtra and Anr. in W.P.(CRL.)272/2022; Manteshwar Hanumantrao Kattimani vs. State of Maharashtra and Anr., 2016 SCC OnLine Bom 10581; Capt. Simranjit Singh Sambhi v. State (NCT of Delhi) and Anr.. CRL.M.C.2960/2021
Fact of the Case:
The petition was filed for quashing of FIR No. 704/2022, under Sections 376(2)(n)/506 IPC on the ground of settlement between the parties.
Finding of the Court:
The Court allowed the petition and quashed the FIR and the proceedings emanating therefrom, considering the settlement between the parties and the nature of deposition of the prosecutrix.
Issues: Quashing of FIR based on settlement, interpretation of relevant legal provisions, and the nature of the deposition of the prosecutrix.
Ratio Decidendi: The Court relied on various judgments including Gian Singh v. State of Punjab, (2012) 10 SCC 303, and held that the power to quash criminal proceedings based on settlement depends on the facts and circumstances of each case, and the nature and gravity of the crime. The Court also considered the scope and ambit of the inherent jurisdiction of the High Court as discussed in B.S. Joshi V State of Haryana, (2003) 4 SCC 675 and Sushil Suri V Central Bureau of Investigation and another, (2011) 5 SCC 708.
Final Decision: The petition was allowed, and FIR No. 704/2022, under Sections 376(2)(n)/506 IPC registered at Police Station Nihal Vihar and the proceedings emanating therefrom were quashed.
JUDGMENT
Rajnish Bhatnagar, J. This petition has been filed for quashing of FIR No. 704/2022, under Sections 376(2)(n)/506 IPC registered at Police Station Nihal Vihar on the ground that the parties have settled their disputes vide Memorandum of Understanding dated 17.04.2023.
2. Heard.
3. Record Perused.
4. It is stated that in the MOU dated 17.04.2023, which is on record of this Court, the parties had agreed that the physical relationship between them was out of free consent and without any pressure, coercion or threat and they have now settled the previous disputes and differences.
5. During the course of the arguments learned counsel for the petitioner has drawn the attention of this Court to the various judgments passed by the Hon'ble Supreme Court and by this Court:
6. The Supreme Court in Arun Shankar Shukla V State of Uttar Pradesh and others, AIR 1999 SC 2554 held as under:
"...It is true that Under Section 482 of the Code, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions "abuse of the process of law" or "to secure the ends of justice" do not confer unlimited jurisdiction on the High Court and the alleged abuse of the process of law or the ends of justice could only be secured in accordance with law including procedural law and not otherwise. Further, inherent powers are in the nature of extraordinary powers to be used sparingly for achieving the object mentioned in Section 482 of the Code in cases where there is no express provision empowering the High Court to achieve the said object. It is well-neigh settled that inherent power is not to be invoked in respect of any matter covered by specific provisions of the Code or if its exercise would infringe any specific provision of the Code. In the present case, the High Court overlooked the procedural law which empowered the convicted accused to prefer statutory appeal against conviction of the offence. The High Court has intervened at an uncalled for stage and soft-pedalled the course of justice at a very crucial stage of the trial.
7. The Supreme Court in B.S. Joshi V State of Haryana, (2003) 4 SCC 675 held that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and the Section 320 Cr.P.C. does not limit or affect the powers under Section 482 Cr.P.C.
8. The Supreme Court in Sushil Suri V Central Bureau of Investigation and another, (2011) 5 SCC 708, considered the scope and ambit of the inherent jurisdiction of the High Court and observed as under:
"16. Section 482 Code of Criminal Procedure itself envisages three circumstances under which the inherent jurisdiction may be exercised by the High Court, namely, (i) to give effect to an order under Code of Criminal Procedure; (ii) to prevent an abuse of the process of court; and (iii) to otherwise secure the ends of justice. It is trite that although the power possessed by the High Court under the said provision is very wide but it is not unbridled. It has to be exercised sparingly, carefully and cautiously, ex debito justitiae to do real and substantial justice for which alone the Court exists."
9. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Surpeme Court has guided and encouraged to quash the FIR in circumstances wherein a compromise has been achieved. The relevant extract of the judgment reads as under:
"61. The position that emerges from the above discussion can be summarized thus: the power of the High Court in quashing a criminal proceeding or F
The main legal point established in the judgment is the power of the High Court to quash criminal proceedings based on settlement, considering the nature and gravity of the crime, and the scope and a....
The court has the inherent power to quash criminal proceedings in accordance with the guidelines engrafted in such power, especially in cases where the possibility of conviction is remote and bleak, ....
The inherent power of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in appropriate cases where the offender and victim have settled their dispute, w....
The main legal point established in the judgment is that the power of the High Court to quash criminal proceedings under Section 482 Cr.P.C. should be exercised in accordance with the principles of s....
The power of the High Court to quash criminal proceedings based on a compromise between the parties must be exercised to secure the ends of justice and prevent abuse of the process of the Court.
The High Court can quash FIRs in cases of amicable settlements involving predominantly civil disputes, preventing abuse of process.
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....
The central legal point established in the judgment is that the power to quash a criminal proceeding based on a compromise must be exercised to secure the ends of justice and prevent abuse of the pro....
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