High Court of Delhi

Gaurav Malik & Anr. v. State & Anr.

MANU/DE/2314/2016

29.08.2016

Criminal

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

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

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