Full Text
HIGH COURT OF DELHI
CRL.M.C. 4041/2022, CRL.M.A. 16731/2022
SALMAN ..... Petitioner
Through: Mr. R. K. Gupta and Mr. Jitender Kr.
Advs.
Through: Mr. APP for the State with SI Heera PS Maurice Nagar.
Date of Decision: 24th April, 2023.
JUDGMENT
1. The present petition has been filed under section 482 of code of criminal procedure, 1973 seeking the quashing of case FIR NO. 083/2017dated 04.06.2017 under sections 308/34 IPC registered at P.S.Maurice Nagar, North Delhi.
2. The said FIR was lodged on the complaint of the respondent No. 2 alleging that on 04.06.2017, he went to Bonta Park behind Hanuman Mandir alongwith his friends. Petitioner was standing alone near the Respondent no. 2, the complainant asked from petitioner the reason for standing there alone to which he replied that he was waiting for someone and thereafter petitioner left from the spot. At around 4.05 PM, the petitioner came back along-with 3 persons and started assaulting Respondent no. 2 with a danda and stone, whereby Respondent no.2 received injuries.On the basis of the complaint, the FIR was registered against the petitioners herein. Chargesheet has been filed under sections 308/34 IPC and the matter is stated to be pending before the learned Trial Court.
3. Learned Counsel for the petitioner submits that while the proceedings were underway, due to the intervention of the respectable members of the society and some common persons, ultimately the parties voluntarily compromised the matter vide the Compromise deed dated 27.07.2022.
4. Learned counsel submits that in view of the compromise between the parties, no useful purpose would be served in continuing with the present complaint and seeks quashing of the same.
5. Status Report along with the MLC of Respondent no. 2 has been filed by the I.O., wherein, it is submitted that the doctor opined the nature of the injury as simple.
6. The parties are present in person before this Court and have been duly identified by the IO. Respondent No.2 states that he has voluntarily settled the matter with the petitioner without any undue influence, threat, pressure, or coercion. He states that he has resolved all his grievances with the petitioner. He states that on account of the compromise, he does not wish to pursue the present complaint any longer and has no objection if the present FIR and all consequent proceedings emanating therefrom are quashed. An affidavit of no objection on behalf of respondent No.2 is also on record.
7. After investigation, the charge sheet was filed only against the petitioner. It has been submitted that the matter has been settled on following terms and conditions.
8. I have considered the submissions. 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 an 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. Respondent no.2 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 seeks quashing of the same. Even if 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.
9. Considering the totality of facts and circumstances of the case and in view of the statement of the respondent No.2, the case FIR NO. 083/2017 dated 04.06.2017 registered under sections 308/34 IPC at PS Maurice Nagar and all criminal proceedings emanating therefrom are quashed.
10. Accordingly, the present petition along with all other pending applications stands disposed of.
DINESH KUMAR SHARMA, J APRIL 24, 2023