Sanjay Wadhwa & Ors. v. State & Ors.

(ORAL)
In the above captioned petitions, quashing of cross FIRs i.e. FIR
No.346/2007 under Sections 448/380/323/324/506/454/427/34 of IPC (in
2015:DHC:152 CRL.M.C. 597 & 598 of 2014 Page 2

CRL.M.C.597/2014) and FIR No.345/2007 under Sections 323/326/
506/34of IPC (in CRL.M.C.598/2014) both registered at P.S. Subzi
Mandi, Delhi on the ground of Mediated Settlement of 9th April, 2013 arrived at Mediation Centre at Tis Hazari Courts, Delhi.
Since the above quashing is sought on the common grounds, therefore, with the consent of learned counsel for the parties, both these petitions were heard together and by this common judgment, they are being disposed of.
Pertinently, I find that there is no reference of Section 326 of IPC in the afore-noted Mediated Settlement. However, accused persons of FIR
No.345/2007 have been charge-sheeted for the offence under Section326 of IPC as well.
Learned Additional Public Prosecutor for respondent-State points out that offence under Section 326 of IPC entails punishment of imprisonment for life and draws the attention of this Court to the following observations made by the Apex Court in „Gian Singh Vs. State of Punjab & Anr.‟ (2012) 10 SCC 303, which reads as under:-
“58. In respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the
Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all.‟
Further, the Apex Court in N. Soundaram v. P.K. Pounraj, (2014)
CRL.M.C. 597 & 598 of 2014 Page 3

“13. It is well settled by this Court in a catena of cases that the power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so. Taking the allegations and the complaint as they were, without adding or subtracting anything, if no offence was made out, only then the High Court would be justified in quashing the proceedings in the exercise of its power under Section 482 CrPC. An investigation should not be shut out at the threshold if the allegations have some substance.