CRL.M.C./4804/2015 of SANJEEV ITTAN & ORS Vs THE STATE (GOVT OF NCT OF DELHI) & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 4804/2015

Date of Decision : February 05[th], 2016

SANJEEV ITTAN & ORS

..... Petitioner

Through:Mr.Kamal Sharma, Adv.

versus

THE STATE (GOVT OF NCT OF DELHI) & ANR ..... RespondentThrough:Mr.Ashish Dutta, APP.

CORAM:HON'BLE MR. JUSTICE P.S.TEJI

P.S.TEJI, J.

1.The present petition under Section 482 Cr.P.C. has been filedby the petitioners, namely, Mr. Sanjeevan Ittan, Mr. Rajeev Ittan andMs. Renu Bhalla for quashing of FIR No.476/2013 dated 22.09.2013,under Sections 323/324/325/326/34 IPC registered at Police StationTilak Nagar on the basis of the compromise deed between thepetitioners and the respondent no. 2, namely, Ms. Priti Ittan dated18.11.2015.

2.Learned Additional Public Prosecutor for respondent-Statesubmitted that the respondent no.2, present in the Court has beenidentified to be the complainant/ first informant in the FIR in question

by SI Haroon.

3.The factual matrix of this present case is that the marriagebetween respondent no.2 and petitioner no.1 was solemnized on18.10.1999. On 22.09.2013, when the complainant took chowmien forher children her husband said that they had just eaten meat and startedabusing and quarrelling with her. The petitioner no.2-Rajeev Ittancame on the spot and gave punch on the face of the complainant onwhich her tooth broke and Renu-petitioner no.3 slapped her on theface. Petitioner no.1 started beating mummy and papa and petitionerno.2, took the chowmien knife and hit father of respondent no.2 in theface. Thereafter, police arrived and took the injured to DDU Hospitalfor treatment. MLC was conducted at the hospital and on the basis ofthe same the FIR in question was registered.

Later on, with the intervention of common friends and relativesthe parties arrived at an amicable settlement.

4.Respondent No.2 present in the Court, submitted that thedispute between the parties has been amicably resolved. As per thecompromise deed, the parties, namely, the petitioners and respondentno.2, agreed that respondent no.2 shall cooperate with the petitioners

in getting the FIR in question quashed. It is further agreed that therespondentno.2shallnotclaim anycompensationfromthepetitioners. It has been also been agreed that the respondent no.2 shallwithdraw her complaint, if any, made before any authority against thepetitioners. Respondent no. 2 affirmed the contents of the aforesaidsettlement and of her affidavit dated 18.11.2015. In the affidavit, therespondent no.2 has stated that she has no objection if the FIR inquestion is quashed. All the disputes and differences have beenresolved through mutual consent. Now no dispute with petitionerssurvives and so, the proceedings arising out of the FIR in question bebrought to an end. Statement of the respondent no.2 has been recordedin this regard in which she stated that she has entered into acompromise with the petitioners and has settled all the disputes withthem. She further stated that she has no objection if the FIR inquestion is quashed.

5.In Gian Singh v. State of Punjab (2012) 10 SCC 303 ApexCourt has recognized the need of amicable resolution of disputes incases like the instant one, by observing as under:-

“61.In other words, the High Court must considerwhether it would be unfair or contrary to the interestof justice to continue with the criminal proceedings

orcontinuationofcriminalproceedingswouldtantamount to abuse of process of law despitesettlement and compromise between the victim andthe wrongdoer and whether to secure the ends ofjustice, it is appropriate that criminal case is put to anend and if the answer to the above question(s) is inthe affirmative, the High Court shall be well withinits jurisdiction to quash the criminal proceedings.”

6.The aforesaid dictum stands reiterated by the Apex Court in

recent judgment in Narinder Singh v. State of Punjab (2014) 6 SCC

466. The relevant observations of the Apex Court in Narinder Singh

(Supra) are as under:-

“29. In view of the aforesaid discussion, we sum upand lay down the following principles by which theHigh Court would be guided in giving adequatetreatment to the settlement between the parties andexercising its power under Section 482 of the Codewhile accepting the settlement and quashing theproceedings or refusing to accept the settlement withdirection to continue with the criminal proceedings:

29.1 Power conferred under Section 482 of the Codeis to be distinguished from the power which lies inthe Court to compound the offences under Section320 of the Code. No doubt, under Section 482 of theCode, the High Court has inherent power to quash thecriminal proceedings even in those cases which arenot compoundable, where the parties have settled thematter between themselves. However, this power is tobe exercised sparingly and with caution.

29.2. When the parties have reached the settlementand on that basis petition for quashing the criminalproceedings is filed, the guiding factor in such caseswould 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 forman opinion on either of the aforesaid two objectives.29.3. Such power is not to be exercised in thoseprosecutions which involve heinous and seriousoffences of mental depravity or offences like murder,rape, dacoity, etc. Such offences are not private innatureandhaveaseriousimpactonsociety.Similarly, for the offences alleged to have beencommitted under special statute like the Prevention ofCorruption Act or the offences committed by publicservants while working in that capacity are not to bequashed merely on the basis of compromise betweenthe victim and the offender.29.4. On the other hand, those criminal cases havingoverwhelmingly and predominantly civil character,particularlythosearisingoutofcommercialtransactions or arising out of matrimonial relationshipor family disputes should be quashed when the partieshave resolved their entire disputes among themselves.

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 andhas stated that the matter has been settled out of her own free will. Asthe matter has been settled and compromised amicably, so, therewould be an extraordinary delay in the process of law if the legalproceedings between the parties are carried on. So, this Court is ofthe considered opinion that this is fit case to invoke the jurisdictionunder Section 482 Cr.P.C. to prevent the abuse of process of law andto 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 provisionof law to secure the ends of justice such as, where the process isabused or misused; where the ends of justice cannot be secured;where the process of law is used for unjust or unlawful object; toavoid the causing of harassment to any person by using the provisionof Cr.P.C. or to avoid the delay of the legal process in the delivery ofjustice.Whereas, the inherent power is not to be exercised tocircumvent the express provisions of law.

9.It is settled law that the inherent power of the High Court underSection 482 Cr.P.C. should be used sparingly. The Hon’ble ApexCourt in the case of State of Maharashtra through CBI v. VikramAnatrai Doshi and Ors. MANU/SC/0842/2014 and in the case ofInder Singh Goswami v. State of Uttaranchal MANU/SC/0808/2009has observed that powers under Section 482 Cr.P.C. must beexercised sparingly, carefully and with great caution. Only when theCourt comes to the conclusion that there would be manifest injusticeor there would be abuse of the process of the Court if such power isnot exercised, Court would quash the proceedings.

10.It is well settled law that where the High Court is convincedthat the offences are entirely personal in nature and therefore do notaffect public peace or tranquillity and where it feels that quashing ofsuch proceedings on account of compromise would bring about peaceand would secure ends of justice, it should not hesitate to quash them.In such cases, pursuing prosecution would be waste of time andenergy. Non-compoundable offences are basically an obstruction inentering into compromise.In certain cases, the main offence iscompoundable but the connected offences are not. In the case of B.S.Joshi and others v. State of Haryana and another 2003 (4) SCC 675the Hon’ble Apex Court observed that even though the provisions ofSection 320 Cr.P.C. would not apply to such offences which are notcompoundable, it did not limit or affect the powers under Section 482Cr.P.C. The Hon’ble Apex Court laid down that if for the purpose ofsecuring the ends of justice, quashing of FIR becomes necessary,section 320 Cr.P.C. would not be bar to the exercise of power ofquashing.In the nutshell, the Hon’ble Apex Court justified theexercise of powers underSection 482 Cr.P.C. to quash theproceedings to secure the ends of justice in view of the special facts

and circumstances of the case, even where the offences were non-

compoundable.

In the light of the aforesaid, this Court is of the view thatnotwithstanding the fact that the offences under Sections 324/326 IPCare non-compoundable offences, there should be no impediment inquashing the FIR under these sections, if the Court is otherwisesatisfied that the facts and circumstances of the case so warrant.

11.In the facts and circumstances of this case and in view ofstatement made by the respondent no.2, the FIR in question warrantsto be put to an end and proceedings emanating thereupon need to bequashed.

12.Accordingly, this petition is allowed and FIR No.476/2013dated 22.09.2013, under Sections 323/324/325/326/34 IPC registeredat Police Station Tilak Nagar and the proceedings emanatingtherefrom are quashed against the petitioners.

13.This petition is accordingly disposed of.

FEBRUARY 05, 2016dd

(P.S.TEJI)JUDGE