Allowed

Dharmender @ Dhamu & Ors. v. State (Gnct of Delhi) & Anr.

Delhi HC6 Nov 2024CRL.M.C./3672/2024

Case brief

AI extract

What is this about?

Petition to quash a 2006 FIR for hurt and criminal intimidation after parties executed a settlement memorandum; complainant had no objection. Citing Narinder Singh and Parbatbhai Aahir, the court quashed the FIR and proceedings subject to costs.

What did the court decide?

FIR No. 50/2006 and all consequential proceedings quashed, subject to ₹40,000 total cost payable by petitioners within twelve weeks.

Dharmender @ Dhamu & Ors. Vs State (Gnct of Delhi) & Anr. — Quashing and FIR | Delhi HC (2024)

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3672/2024 & CRL.M.A. 14069/2024

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DHARMENDER @ DHAMU & ORS. .....Petitioners Through: Mr. Abhishek Sonkar, Mr. Anuj Yadav, Ms. Sakshi Gupta, Ms. Somitra Rai & Ms. Tejasvi Nandlal, Advs. Petitioners in person versus STATE (GNCT OF DELHI) & ANR. .....Respondents Through: Mr. Ashneet, APP for the State SI Ramaulati, PS- Mourice Nagar R2 (through VC)

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN

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O R D E R 06.11.2024

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The present petition is filed seeking quashing of FIR No. 50/2006 dated 12.04.2006, registered at Police Station Mourice Nagar, for offences under Sections 324/506/34 of the Indian Penal Code, 1860 (‘ IPC ’) and all consequential proceedings emanating therefrom.

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The FIR was registered on a complaint given by Respondent No. 2 alleging that on 11.04.2006, at around 8:30 PM, due to some prior dispute, Petitioner Nos. 2 and 3 along with some other boys mercilessly gave beatings to Respondent No.2. Respondent No.2 suffered injuries in the altercation.

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Page 1 of 7

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CRL.M.C. 3672/2024

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This is a digitally signed order. CRL.M.C. 3672/2024 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 13/12/2024 at 12:28:19

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It is stated that the chargesheet has been filed in the present case and Section 326 of the IPC was added in place of Section 324 of the IPC as the injury was opined to be grievous in nature.

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The learned counsel for the petitioners submits that the scuffle between the parties took place due to a trivial issue and the petitioners were young individuals at that time.

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He submits that the petitioners have unconditionally apologized for their behaviour and they undertake to not indulge in such behaviour in the future.

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The present petition is filed on the ground that the parties have amicably settled all their disputes and have also executed a Memorandum of Understanding dated 14.12.2023 to this effect, on their own free will, without any coercion, undue influence, pressure or threat.

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The petitioners are present in person in Court today and Respondent No. 2 is present through video-conference. The parties have been duly identified by the Investigating Officer. 8. Respondent No.2, on being asked, states that he has no objection if the proceedings arising out of the present FIR are quashed.

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He submits that he has no remaining grievance against the petitioners and he is satisfied by the unconditional apology tendered by them.

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Offence under Section 506 of the IPC is compoundable whereas offences under Sections 324/326 of the IPC are noncompoundable.

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It is well settled that the High Court while exercising its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) ( erstwhile Section 482 of the Code of

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CRL.M.C. 3672/2024

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This is a digitally signed order. CRL.M.C. 3672/2024 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 13/12/2024 at 12:28:19

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Criminal Procedure, 1973) can quash offences which are noncompoundable 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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29.3. Such a power is not to be exercised in those prosecutions which involve heinous and

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This is a digitally signed order. CRL.M.C. 3672/2024 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 13/12/2024 at 12:28:19

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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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16.2. The invocation of the jurisdiction of the High Court to quash a first information report

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This is a digitally signed order. CRL.M.C. 3672/2024 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 13/12/2024 at 12:28:19

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

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16.7. As distinguished from serious offences,

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CRL.M.C. 3672/2024

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This is a digitally signed order. CRL.M.C. 3672/2024 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 13/12/2024 at 12:28:19

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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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The FIR was registered way back in the year 2006. The parties are stated to be young at the time of incident. It is averred that the altercation took place due to prior acrimony between the parties. The parties have since moved on in life and the trial is still pending. The status report mentions that the matter is at the stage of prosecution evidence and twelve public witnesses are yet to be examined. In the present case, Respondent No.2 has stated that he has no remaining grievance against the petitioners and that he is satisfied with the petitioners’ unconditional apology. In the peculiar circumstances of this case, it is unlikely that the

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CRL.M.C. 3672/2024

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This is a digitally signed order. CRL.M.C. 3672/2024 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 13/12/2024 at 12:28:19

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present FIR will result in a conviction when Respondent No.2 does not wish to pursue the case. In such circumstances, continuance of the proceedings would only cause harassment and heart burn amongst the parties. In the opinion of this Court, the accused persons have suffered enough due to the prolonged trial. 14. Keeping in view the nature of the dispute and the fact that the parties have amicably settled the dispute, 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 528 of the BNSS.

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However, keeping in mind the fact that the charge sheet has already been filed in the case arising out of the present FIR, and the State machinery has been put to motion, ends of justice would be served if the petitioners are put to cost.

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In view of the above, FIR No. 50/2006 and all consequential proceedings arising therefrom are quashed, subject to payment of total cost of ₹40,000/- by the petitioners, out of which ₹20,000/- is to be deposited with the Delhi Police Welfare Society and ₹20,000/- is to be deposited with PM CARES Fund, within a period of twelve weeks from date.

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Let the proof of deposit of cost be submitted with the concerned SHO.

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The petition is allowed in aforesaid terms.

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AMIT MAHAJAN, J

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NOVEMBER 6, 2024 “SS”

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CRL.M.C. 3672/2024

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This is a digitally signed order. CRL.M.C. 3672/2024 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 13/12/2024 at 12:28:19

Dharmender @ Dhamu & Ors. v. State (Gnct of Delhi) & Anr.

Case brief

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What did the court decide?

Dharmender @ Dhamu & Ors. v. State (Gnct of Delhi) & Anr.

Case brief

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