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Vakil Sahni & Anr vs State & Anr on 5 August, 2014

Delhi High Court Vakil Sahni & Anr vs State & Anr on 5 August, 2014Author: Sudershan Kumar Misra

$~25

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3412/2014

VAKIL SAHNI & ANR ….. Petitioner Through: Mr. Niranjan Mishra, Advocate

versus

STATE & ANR ….. Respondents Through: Mr. O.P. Saxena, APP with SI Kamlesh Kumar, PS Aman Vihar

CORAM:

HON’BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ORDER

% SUDERSHAN KUMAR MISRA, J. (ORAL)

CRL.M.A. 11831/2014

Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off.

CRL.M.C. 3412/2014

1. This petition has been moved under Section 482 Cr.P.C. praying that FIR No. 137/2012 registered on 25.05.2012 at Police Station Aman Vihar under Sections 420/468/471/34 IPC and all proceedings emanating therefrom, be quashed.

2. The complainant, Shri Nand Kishore, has also been arrayed as second respondent to this petition.

3. Issue notice.

CRL.M.C. 3412/2014 Page 1 of 7

4. Counsel for the State accepts notice. Both the accused/petitioners, as well as the complainant/respondent No. 2 are present in Court. They are identified by the Investigating Officer, Sub-Inspector Kamlesh Kumar, Police Station Aman Vihar, who is also present in Court today.

5. The chargesheet is stated to have been filed against the first petitioner, Shri Vakil Sahni, who is stated to be the main accused. It is also stated that supplementary chargesheet against the second accused is yet to be filed, and the charge has not yet been framed.

6. It is submitted that the matter was referred by the Metropolitan Magistrate to the Delhi Mediation Centre, Rohini District Courts, Delhi, where with the assistance of the Centre, a settlement has been arrived at between the parties. The settlement agreement has also been annexed to this petition.

7. The complainant, Nand Kishore, affirms the settlement agreement. On being asked, the complainant, Nand Kishore, identifies his signatures at point ‘A’ on the settlement agreement, as well as the affidavit filed in this Court at points ‘B’ and ‘C’. He approbates the settlement and states that he has received all the amounts mentioned in the settlement agreement, and that nothing more is due in terms thereof from the petitioners. He further states that he does not wish to continue with the proceedings.

8. Counsel for the petitioners also prays that since the matter has been amicably settled, the relief prayed for be granted and the FIR be quashed. He further states, on instructions, that looking to the nature of the allegations etc., the petitioners are willing to pay any reasonable

CRL.M.C. 3412/2014 Page 2 of 7 compensation, in addition, as this Court may direct.

9. Counsel for the State also submits that looking to the overall circumstances, and in view of the fact that the matter has been settled through the court mediation and since the complainant is not inclined to support the prosecution, no useful purpose would be served in continuing with the proceedings.

10. Reliance has been placed on pronouncements of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, which has referred to a number of matters for the proposition that even a non-compoundable offence can also be quashed on the ground of a settlement agreement between the offender and the victim, if the circumstances so warrant; and also Narinder Singh and Ors. v. State of Punjab and Anr. 2014(2) Crimes 27 (SC) where the Supreme Court held as follows:-

“31. 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:

(I) 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

CRL.M.C. 3412/2014 Page 3 of 7 themselves. However, this power is to be exercised sparingly and with caution.

(II) 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:

(i) ends of justice, or

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

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

(III) Such a power is not 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 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.

(IV) On the other, those criminal cases having overwhelmingly and pre-dominantly 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.

(V) 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

CRL.M.C. 3412/2014 Page 4 of 7 oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.

(VI) Offences under Section 307 Indian Penal Code would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 Indian Penal Code in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307Indian Penal Code is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under

Section 307 Indian Penal Code. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the later case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship.

(VII) While deciding whether to exercise its power under Section 482 of the Code or not, timings of

CRL.M.C. 3412/2014 Page 5 of 7 settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the

circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under Section 307 Indian Penal Code is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 Indian Penal Code and

conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime.”

11. Looking to the circumstances, and also keeping in mind the pronouncements of the Supreme Court as quoted above, and since there is little likelihood of the prosecution ultimately succeeding, I am of the CRL.M.C. 3412/2014 Page 6 of 7 opinion that it is in the fitness of things that the matter is given a quietus, subject, however, to payment of Rs. 15,000/- to the Advocates Welfare Fund of Bar Council of Delhi, within one week from today.

12. Counsel for the petitioner states, on instructions from his clients, that they undertake to deposit the said amount within the time granted.

13. Consequently, the petition is allowed, and FIR No. 137/2012 registered on 25.05.2012 at Police Station Aman Vihar under Sections 420/468/471/34 IPC and all proceedings emanating therefrom, are hereby quashed.

14. The petition stands disposed off.

15. Dasti.

SUDERSHAN KUMAR MISRA, J.

AUGUST 05, 2014

rd

CRL.M.C. 3412/2014 Page 7 of 7

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