SC: Dismissal, Being the Severest Punishment, Should be Imposed Only For Grave Misconduct  ||  SC: Constructive Res Judicata Applies to Grounds Omitted Through Negligence or Inadvertence  ||  Madras High Court: Honour Killing is a Shameful Act and an Extreme Manifestation of Casteism  ||  Bombay High Court: Traditional Families Often Hesitate to Report Sexual Offences  ||  Jharkhand High Court Directs Circle Officers to Digitally Verify Land Records and Remove Mismatches  ||  MP High Court: Writ Court Cannot Grant Interim Relief Once Party is Relegated to Alternate Forum  ||  Supreme Court Issues Directions to Speed Up MACT Claims Amid Six-Year Average Pendency  ||  Supreme Court: Sex Selection Practices Continues Due to Preference For Male Children  ||  Supreme Court: Injury From a Fallen Tree is Not a Motor Accident for MACT Claims  ||  Madras HC: Recent Tamil Nadu Elections Reflect Voting Beyond Caste and Community Considerations    

Gaurav Malik & Anr. v. State & Anr. - (High Court of Delhi) (29 Aug 2016)

Notwithstanding fact that offence is non-compoundable, FIR can be quashed, if Court otherwise satisfied that, facts and circumstances of case so warrant

MANU/DE/2314/2016

Criminal

Present petition under Section 482 CrPC for quashing of FIR, under Section 324/325/34 IPC registered at Police Station on basis of compromise deed executed between Petitioner and Respondent no.2. Dispute between parties has been amicably resolved with intervention of friends and family members of parties.

Inherent powers of High Court ought to be exercised to prevent the abuse of process of law and to secure ends of justice. Respondent no.2 agreed to quashing of the FIR in question and stated that, matter has been settled out of his own free will. As matter has been settled and compromised amicably, so, there would be an extraordinary delay in the process of law, if legal proceedings between parties are carried on. Present Court opined that this is a fit case to invoke jurisdiction under Section 482 Cr.P.C. to prevent abuse of process of law and to secure ends of justice.

Incorporation of inherent power under Section 482 Cr.P.C. is meant to deal with situation in absence of express provision of law to secure ends of justice such as, where process is abused or misused; where ends of justice cannot be secured; where process of law is used for unjust or unlawful object; to avoid causing of harassment to any person by using provision of Cr.P.C. or to avoid delay of legal process in delivery of justice. Whereas, inherent power is not to be exercised to circumvent express provisions of law.

Apex Court in the case of State of Maharashtra through CBI v. Vikram Anatrai Doshi and Ors. MANU/SC/0842/2014 and in the case of Inder Singh Goswami v. State of Uttaranchal MANU/SC/0808/2009 has observed that powers under Section 482 Cr.P.C. must be exercised sparingly, carefully and with great caution. In case of B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC 675 Apex Court justified exercise of powers under Section 482 Cr.P.C. to quash proceedings to secure ends of justice in view of special facts and circumstances of case, even where offences were non-compoundable.

High Court while allowing the Petition held that, notwithstanding fact that Section 324 IPC is a non-compoundable offence, there should be no impediment in quashing FIR under this section, if Court is otherwise satisfied that, facts and circumstances of case so warrant.

Relevant : Maharashtra through CBI v. Vikram Anatrai Doshi and Ors. [MANU/SC/0842/2014 ], Inder Singh Goswami v. State of Uttaranchal [MANU/SC/0808/2009 ], B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC 675

Tags : FIR   QUASHING   NON-COMPOUNDABLE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved