Allowed

Praveen Mahajan & Anr. v. State of NCT of Delhi

Delhi HC13 Mar 2024CRL.M.C./1960/2024

Case brief

AI extract

What is this about?

The Delhi High Court quished cross-FIs filed under the IPC regarding a neighbourhood scuffle between family members. Relying on Narinder Singh and Parbatbhai Aahir, the Court held that despite non-compoundable charges and a filed charge sheet, the inherent power under Section 482 CrPC was exercised due to the settlement, directing payment of costs. Sheriff

What did the court decide?

FIRs Nos. 181/2018 and 180/2018 and consequential proceedings were quashed subject to the payment of Rs. 20,000/- by petitioners as costs.

Praveen Mahajan & Anr. Vs State of NCT of Delhi — Quashing and FIR | Delhi HC (2024)

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$~72 & 73

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 1960/2024 PRAVEEN MAHAJAN & ANR. ..... Petitioner Through: Mr. Suresh Sisodia, Mr. Vikas Rajawat, Mrs. Richa Sharma, Mr. Sushant Dogra & Mr. Ankur, Advs. versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. Hitesh Vali, APP for the State W/SI Kamlesh Meena, PSSagarpur (Main IO – Ashok Kumar, Spl. Staff South West) Mr. Shiv Chopra, Ms. Aadhyaa Khanna & Mr. Siddharth Arora, Advs. for R2 & R3 73 + CRL.M.C. 2024/2024 SHYAM LAL & ANR. ..... Petitioner Through: Mr. Shiv Chopra, Ms. Aadhyaa Khanna & Mr. Siddharth Arora, Advs. versus STATE NCT OF DELHI & ANR. ..... Respondent Through: Mr. Pradeep Gahalot, APP for the State W/SI Kamlesh Meena, PSSagarpur (Main IO – Ashok Kumar, Spl. Staff South West) Mr. Suresh Sisodia, Mr. Vikas Rajawat, Mrs. Richa Sharma, Mr. Sushant Dogra & Mr. Ankur, Advs. for R2

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This is a digitally signed order. CRL.M.C. 1960/2024 & CRL.M.C. 2024/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:41:18

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 13.03.2024

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CRL.M.A. 7520/2024 & CRL.M.A. 7519/2024 in CRL.M.C. 1960/2024, CRL.M.C. 1960/2024 & CRL.M.C. 2024/2024

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The present petitions are filed under Section 482 of the Code of Criminal Procedure seeking quashing cross-FIR Nos. 181/2018 and 180/2018 both dated 08.06.2018 filed Sections 323/506/509/34 and Sections 323/354/354(B)/506/427/34 of the Indian Penal Code, 1860 (‘ IPC ’) respectively, at Police Station Sagarpur.

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It is averred that due to some misunderstanding and miscommunication, a scuffle took place between the parties, who are neighbours and family members. This led to the filing of cross-FIR Nos. 181/2018 and 180/2018. The charge sheet in these cases have already been filed before the Court of learned Metropolitan Magistrate, Patiala House Court, Delhi.

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The present petition is filed on the ground that the parties have amicably settled all their disputes, without any coercion or pressure, with the intervention of well wishers and respectable members of the society by way of Compromise Deed dated 11.01.2024. In terms of the compromise, the parties have agreed that they will approach and appear before this Court seeking quashing of cross - FIR Nos. 181/2018 and 180/2018.

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The parties were exempted from personal appearance by order dated 11.03.2024 passed in CRL.M.C. 1960/2024. 5. Offences under Sections 323/427/506/509 of the IPC are compoundable whereas offences under Sections 354/354(B) of the IPC are non-compoundable.

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This is a digitally signed order. CRL.M.C. 1960/2024 & CRL.M.C. 2024/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:41:18

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It is well settled that the High Court while exercising its powers under Section 482 of the CrPC can compound offences which are non-compoundable under the Code on the ground that there is a compromise between the accused and the complainant. The Hon’ble Apex Court has laid down parameters and guidelines for High Court while accepting settlement and quashing the proceedings. In the case of Narinder Singh & Ors. v. State of Punjab & Anr. : (2014) 6 SCC 466 , the Hon’ble Supreme Court had observed as under :-

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“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:

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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.

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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:

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(i) ends of justice, or

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(ii) to prevent abuse of the process of any court.

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While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

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This is a digitally signed order. CRL.M.C. 1960/2024 & CRL.M.C. 2024/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:41:18

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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 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.

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29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

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29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”

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(emphasis supplied)

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Similarly , in the case of Parbatbhai Aahir & Ors. v. State of Gujarat & Anr. : (2017) 9 SCC 641 , the Hon’ble Supreme Court had observed as under :-

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“16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:

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16.1. Section 482 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. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court.

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This is a digitally signed order. CRL.M.C. 1960/2024 & CRL.M.C. 2024/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:41:18

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16.2. The invocation of the jurisdiction of the High Court to quash a first information report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

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16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.

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16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court.

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16.5. The decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

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16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the

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This is a digitally signed order. CRL.M.C. 1960/2024 & CRL.M.C. 2024/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:41:18

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overriding element of public interest in punishing persons for serious offences.

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16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.

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16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.

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16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and

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16.10. There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.”

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(emphasis supplied)

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Keeping in view the pre-existing relationship between the parties, the nature of dispute and that the parties have decided to live peacefully, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court. I am of the considered opinion that it is a fit case to exercise discretionary jurisdiction under Section 482 of the CrPC.

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This is a digitally signed order. CRL.M.C. 1960/2024 & CRL.M.C. 2024/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:41:18

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However, keeping in mind the fact that the charge sheet has already been filed, and the State machinery has been put to motion, ends of justice would be served if the petitioner is put to cost.

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In view of the above, FIR Nos. 181/2018 and 180/2018 including all consequential proceedings arising therefrom are quashed, subject to payment of cost of ₹20,000/- (Rupees Ten Thousand only) by the petitioners, out of which ₹10,000/- to be deposited with the Delhi Police Welfare Fund and ₹10,000/- to be deposited with the New Delhi Bar Association, Patiala House Courts, within a period of four weeks from date.

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The present petitions are allowed in the aforesaid terms.

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All pending applications stand disposed of.

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A copy of this order be placed in both the matters.

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AMIT MAHAJAN, J

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MARCH 13, 2024 “SS”

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This is a digitally signed order. CRL.M.C. 1960/2024 & CRL.M.C. 2024/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:41:18

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Praveen Mahajan & Anr. v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Praveen Mahajan & Anr. v. State of NCT of Delhi

Case brief

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