IMPORTANT POINT
The nature of the offence and its impact on society are crucial factors in deciding whether to quash an FIR.

JUDGMENT

Swarana Kanta Sharma, J. (Oral)

CRL.M.A. 21699/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 5768/2023

3. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioners seeking quashing of e-FIR bearing no. 000426/2020 dated 31.10.2020 registered at Police Station Civil Lines for offence punishable under Sections 392/394/397/411/34 of Indian Penal Code, 1860 (`IPC') and Section 25/54/59 Arms Act, 1959.

4. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

5. The FIR in the present case was lodged on the complaint of the complainant himself who had alleged that on 30.10.2020 at about 9:15 PM, when he was going home to Mukundpur from Gandhi Nagar where he works in a shop and had reached ISBT, Bus Depot near Hanuman Mandir and had boarded a TSR in which two persons were already sitting. When the TSR had reached Burari bypass flyover, one of the persons sitting in the TSR had caught hold of his neck and had also put a knife on the side of his waist. The TSR driver had stopped the TSR, had caught hold of his legs and the third one had taken out his mobile phone, Rs.7000/- and ATM card from his pocket, after beating him. Thereafter, they had pushed him on the road and had fled away from the spot. The complainant had chased him with the help of a person on a motorcycle and they were able to note down the registration number of the TSR. The accused persons were arrested who disclosed that the mobile phone belonging to the complainant was sold, Rs.2000/- out of Rs.7000/-, were spent by the accused persons and the mobile phone was sold for Rs.1000/- to some other person. The person to whom the phone was sold informed the police that after coming to know about registration of the FIR, he had returned the phone to accused Ajay. Accused Vipin and Nitin also refused to take part in the Test Identification Parade.

6. Learned counsel for the petitioner has stated that the matter has been settled between the parties and the accused is ready to compensate the complainant. He states that the complainant is present in person and he has no objection, if the FIR is quashed.

7. This Court has gone through the statements of the complainant himself, the FIR and the other documents filed on record.

8. The allegations are serious in nature where robbery has been committed by the accused persons when the complainant was going home from his work place. It is also taken note by this Court that quashing on the basis of compromise cannot be asked for as a matter of right, in case the complainant appears before a Court in a petition under Section 482 of Cr.P.C. seeking quashing of FIR but has to be quashed on the basis of the guidelines and the principles laid down under law and relevant judicial precedents.

9. In State of Haryana and Ors. v. Ch. Bhajan Lal and Ors., 1992 SCC (Cri) 426, the Hon'ble Apex Court had laid down the principles to be considered while quashing FIRs. The same are reproduced as under for reference:

"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 possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

1. Where the allegations made in the First Information Report or the complaint, even if they are taken at