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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Mohd. Umair @ Umer – Appellant
Versus
State (Govt. NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. complaint and nature of incident (Para 1 , 2) |
| 2. power to quash fir based on settlement (Para 3 , 4) |
| 3. guidelines for quashing under section 482 (Para 5) |
| 4. factors considered for forgiveness in youth (Para 6 , 7) |
| 5. conditions and consequences of quashing (Para 8 , 9 , 10 , 11 , 12) |
JUDGMENT
Subramonium Prasad, J. The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.50/2020 dated 26.03.2020, registered in Police Station Chandni Mahal, Delhi, for offence under Section 307 IPC.
2. On a complaint of respondent No.2, FIR No.50/2020 has been registered. In the complaint it is stated that the complainant resides at H.No.536, Gali Hakim Ji, Choori Walan, Jama Masjid, Delhi. It is stated that on 26.03.2020 at about 11:00 AM his neighbour Furkan called him and asked him to deliver some items to his house. It is stated that on the way to the house of Furkan the complainant/respondent No.2 met the accused who was arguing with his mother. It is stated that when the petitioner asked the accused not to argue with his mother, the accused started abusing the complainant and started fighting with him. It is stated
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.
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....
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
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.
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.
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
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