Sanjay v. State (NCT) of Delhi & Anr.

1. Present petition has been filed seeking the quashing of FIR No.0280/2019 dated 23.04.2019 registered under Section 363 IPC at PS PaschimVihar.

2. The present FIR was lodged on the complaint of Ms.Anisha alleging therein that for some time there was a dispute between her husband and the petitioner. The petitioner is the younger brother of her husband. The complainant further alleged that the complainant has further alleged that the petitioner was pressurizing her to live in the village. However, Signing she was not agreeable to the same as she doubted the intention of the petitioner. It has further been alleged that on the day of incident at around 7 am, the petitioner came to her home with mask and took away her son Sahil. The complainant has alleged that the petitioner had also stated that now he would take away her son. The complainant tried to find out her child but could not trace him and therefore the present FIR has been lodged.

3. However, now both parties have submitted that this was a case of misunderstanding. It has been stated by both the parties that in fact, the petitioner had come to his brother and sister-in-law to request them to go to the village but the brother and sister-in-law did not agree to it and therefore the petitioner took away the child as this would bring the complainant and her husband to the village.I.O. has stated that on investigation it was found that the petitioner had taken the child to his home only and was found in the native home of the complainant and her husband.

4. Learned counsels state that both parties belong to a lower strata of society. The complainant has also stated that she lodged the FIR apprehending that her child might have been taken away with malafide intentions. However, later on, it was found that there was no malafide on the part of the petitioner.

5. I have considered the submissions.

6. The present FIR seems to have been lodged under the misapprehension. This court does not see any possibility of the conviction of the petitioner as the complainant is herself saying that the complaint was Signing lodged under a misunderstanding. It has been held in a catena of judgments of the Supreme Court as well as this Court that the High Court has the inherent power to quash criminal proceedings even in those cases which are not compoundable. Such power however is to be used sparingly with caution and circumspection. It is imperative that while exercising such inherent power, the High Court must examine whether the possibility of conviction is remote and bleak and whether the continuation of criminal proceedings would put the accused to great oppression and prejudice. Section 482 Cr.P.C. preserves the inherent powers of the High Court to prevent abuse of the process of any court or to secure the ends of justice. Thus, while adjudicating whether an FIR or criminal proceeding is liable to be quashed, the High Courts must evaluate and weigh if the ends of justice would be served and justify the exercise of such inherent power. In the present case, the parties have voluntarily entered into the compromise.

7. The respondent no.2/complainant has stated that he does not wish to pursue the present complaint and wants to put a quietus to the same. On account of the voluntary compromise, the parties no longer wish to pursue the present complaint and seek quashing of the same. Even if the trial is allowed to continue, there is a bleak/remote chance of conviction, given that the parties have resolved their dispute and do not want to pursue the present complaint. I consider that it would be in the interest of justice that the present complaint is quashed.

8. Considering the totality of facts and circumstances of the case and in view of the statement of the respondent No.2/complainant, the case FIR No.0280/2019 dated 23.04.2019 registered under Section 363 IPC at PS Signing Paschim Vihar and all criminal proceedings emanating therefrom are quashed.

9. Accordingly, the present petition along with pending applications stands disposed of.

DINESH KUMAR SHARMA, J JUNE 1, 2023 Signing