* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 2523/2016 AMRIK SINGH Date of Decision: November 3rd, 2016 ........ Petitioner
Through Mr.Javed Ahmad, Adv. versus STATE NCT OF DELHI & ANR ........ RESPONDENTS
Through Mr.G.M. Farooqui, APP for the State with SI Pawan Kumar, DIU/Outer Respondent no.2 in person. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.
Learned Additional Public Prosecutor The present petition under Section 482 Cr.P.C. has been filed by 1. the petitioner, namely, Sh. Amrik Singh for quashing of FIR No.367/2012 dated 06.12.2012, under Sections 420/468/4
IPC registered at Police Station Aman Vihar on the basis of the Settlement executed at the Delhi Mediation Centre, Rohini District Courts, Delhi executed between the petitioner and respondent No.2, namely, Sh. Rakesh on 19.05.2016.
2. respondent-State submitted that the respondent no.2, present in the Court has been identified to be the complainant/first informant in the FIR in question by SI Pawan Kumar. The factual matrix of the present case is that the father of 3. complainant’s friend, Sh. Mohan Lal was Pradhan of the colony and had worked as a Commission Agent with one Sh. Satish Chandra Jamidar. A plot bearing No.B-165 situated in Khasra No.1181, Village Kirari, Suleman Nagar, was given by Sh. Satish Chandra to for Crl.M.C. 2523/2016 Page 1 of 7 Sh. Mohan Lal in the name of complainant’s friend, namely, Sh. Subhash Chandra. Complainant’s friend used to tell the complainant about his wife that she is not of a good character. He also told the complainant that he wants that the right, title and interest of the property should go to his children and not to his wife. Complainant’s friend executed a GPA and a Deed of Will dated 25.08.2013 in the name of the complainant. On 05.08.2004, the complainant’s friend committed suicide. After that the elder brother of the complainant’s friend, Sh. Balli Nath came to the complainant along with some colony residents and took the GPA and Deed of Will from the complainant so that neither the complainant nor Sh. Balli Nath could sell it off and it was agreed that the said property would be transferred in the name of the children of complainant’s friend on their attaining majority. However, the property papers got misplaced and for last 1-2 months, the accused/petitioner herein is trying to occupy the said plot on the papers/documents in respect of the plot in his name. documents prepared of forged the basis he got Thereafter, the complaint was lodged by the complainant at the instance of which, the FIR in question was registered against the accused person. During the pendency of the trial, the parties entered into a settlement.
4. Respondent No.2 present in the Court submitted that the dispute between the parties has been amicably resolved. As per the settlement, it is agreed that the petitioner shall have no right with respect to property bearing Plot No.B-165, Khasra No.1181, Village Kirari Suleman Nagar, Delhi and that he shall surrender all his rights Crl.M.C. 2523/2016 Page 2 of 7 whatsoever in favour of respondent no.2 and shall have no claim and right whatsoever in the said property. It is agreed that the petitioner shall surrender all his rights in favour of respondent no.2 and respondent no.2 shall have no grievance against the petitioner. It is further agreed that the petitioner shall file a petition for quashing of the FIR in question before this court and respondent No.2 shall provide an affidavit with respect to no objection and shall also give due statement before this court. Respondent no.2 affirmed the contents of the aforesaid settlement and of his affidavit dated 13.07.2016 supporting this petition. In the affidavit, the Respondent no.2 has stated that he has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with the petitioner survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent no.2 has been recorded in this regard in which he stated that he has entered into a compromise with the petitioner and has settled all the disputes with him. He further stated that he has no objection if the FIR in question is quashed. In Gian Singh v. State of Punjab (2012) 10 SCC303Apex 5. Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-
"continuation of “61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or criminal proceedings would tantamount law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an to abuse of process of Crl.M.C. 2523/2016 Page 3 of 7 end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.” 6. The aforesaid dictum stands reiterated by the Apex Court in a recent judgment in Narinder Singh v. State of Punjab (2014) 6 SCC466 The relevant observations of the Apex Court in Narinder Singh (Supra) are as under:-
"“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:
29. 1 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 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in Crl.M.C. 2523/2016 Page 4 of 7 nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. arising those out of 7. The inherent powers of the High Court ought to be exercised to prevent the abuse of process of law and to secure the ends of justice. The Respondent no.2 agreed to the quashing of the FIR in question and stated that the matter has been settled out of his own free will. As the matter has been settled and compromised amicably, so, there would be an extraordinary delay in the process of law if the legal proceedings between the parties are carried on. So, this Court is of the considered opinion that this is a fit case to invoke the jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law and to secure the ends of justice.
8. The incorporation of inherent power under Section 482 Cr.P.C. is meant to deal with the situation in the absence of express provision of law to secure the ends of justice such as, where the process is abused or misused; where the ends of justice cannot be secured; where the process of law is used for unjust or unlawful object; to avoid the causing of harassment to any person by using the provision of Cr.P.C. Crl.M.C. 2523/2016 Page 5 of 7 or to avoid the delay of the legal process in the delivery of justice. Whereas, the inherent power is not to be exercised to circumvent the express provisions of law.
9. It is settled law that the inherent power of the High Court under Section 482 Cr.P.C. should be used sparingly. The Hon’ble Apex Court in the case of State of Maharashtra through CBI v. Vikram Anatrai Doshi and Ors. MANU/SC/0842/2014 and in the case of Inder Singh Goswami v. State of Uttaranchal MANU/SC/0808/2009 has observed that powers under Section 482 Cr.P.C. must be exercised sparingly, carefully and with great caution. Only when the Court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the Court if such power is not exercised, Court would quash the proceedings.
10. It is a well settled law that where the High Court is convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy. Non-compoundable offences are basically an obstruction in entering into compromise. the main offence is compoundable but the connected offences are not. In the case of B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC675the Hon’ble Apex Court observed that even though the provisions of Section 320 Cr.P.C. would not apply to such offences which are not compoundable, it did not limit or affect the powers under Section 482 In certain cases, Crl.M.C. 2523/2016 Page 6 of 7 In the nutshell, Cr.P.C. The Hon’ble Apex Court laid down that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. justified the exercise of powers under Section 482 Cr.P.C. to quash the proceedings to secure the ends of justice in view of the special facts and circumstances of the case, even where the offences were non- compoundable. the Hon’ble Apex Court In the light of the aforesaid, this Court is of the view that notwithstanding the fact that the offences under Sections
IPC are non-compoundable offences, there should be no impediment in quashing the FIR under these sections, if the Court is otherwise satisfied that the facts and circumstances of the case so warrant.
11. In the facts and circumstances of this case and in view of statement made by the respondent no.2, the FIR in question warrants to be put to an end and proceedings emanating thereupon need to be quashed.
12. Accordingly, this petition is allowed and FIR No.367/2012 dated 06.12.2012, under Sections 420/468/4
IPC registered at Police Station Aman Vihar and the proceedings emanating therefrom are quashed against the petitioner.
13. This petition is accordingly disposed of. November 03, 2016/dd (P.S.TEJI) JUDGE Crl.M.C. 2523/2016 Page 7 of 7