Akash Bhargav & Ors. vs The State Of NCT Of Delhi - (High Court of Delhi) (22 Sep 2023)
Court has an inherent power to quash criminal proceedings even in non-compoundable matters, where parties have settled matter between themselves
Present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) seeking quashing of case FIR under Sections 420/34 of Indian Penal Code, 1860 (IPC).Genesis of the FIR lodged by Respondent No. 2/Complainant is a dispute that arose between the parties on account of some money advanced by Respondent No. 2 to the Petitioners.
In Narinder Singh And Ors. Vs. State of Punjab And Anr., the Supreme Court elucidating on the guidelines that would govern the exercise of inherent power under Section 482 of Cr.P.C. held that High Court has an inherent power to quash criminal proceedings even in cases which are not compoundable where parties have settled the matter between themselves albeit the power must be exercised with caution. The Supreme Court observed that 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 and while exercising the power the High Court is to form an opinion on either of the two objectives. It was further held that those criminal cases which are overwhelmingly of a civil character such as family disputes, matrimonial relationships or arising out of commercial transactions etc. should be quashed, if parties resolve their disputes amicably.
The Court while exercising the power is to examine as to whether the possibility of conviction is remote and bleak and continuation of the criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused by not quashing the criminal case. The fact that the offence is compoundable, this Court is of the view that once the matter has been settled between the parties and the amounts due to Respondent No. 2 have been duly paid to her, continuation of the proceeding will amount to oppression and injustice on the Petitioners and with the chances of evidence coming in being extremely remote and bleak, no purpose will be achieved in continuing the proceedings.Accordingly, FIR is quashed. Petition disposed off.
Tags : FIR QUASHING OF SETTLEMENT