Case BriefsHigh Courts

Delhi High Court: The Bench of Sunil Gaur, J. dismissed a petition seeking quashing of FIR filed for the offences punishable under Sections 354, 354-A, 506 and 34 IPC.

Petitioner, who was represented by Siddhartha Nanwal, Advocate, sought quashing of FIR on the basis of settlement reached between the parties. It was brought to Court’s notice that the trial court had also recorded the fact of settlement between the parties.

The High Court noted that allegations levelled against the petitioner related to outraging the modesty of woman. Also the incident in question was not explained by the petitioner. Furthermore, the court noted that the trial court in its order simply recorded that settlement had been arrived at between the parties. It was categorically observed, “Such crude settlements are not acceptable, as it will send a wrong signal to society.” The Court was of the considered opinion that the present was not a fit case to quash the FIR in question on basis of such crude settlement. Thus, the petition was dismissed; however, the Court refrained from commenting on the merits of the case.[Vinay Kumar v. State (NCT of Delhi), Crl. MC No. 174 of 2019, dated 15-01-2019]

Case BriefsHigh Courts

Delhi High Court: A Single Judge Bench of the Delhi High Court, dismissed a petition for quashing of FIR and criminal proceedings there under, under Section 482 of the CrPC. The FIR was registered under Section 304-A IPC against the accused who was attached with the petitioner company.

The Court noted that the accused was not named in the petition and hence, no quashment regarding him could be granted. Futher, payment of Rs 6.5 lakhs to the deceased’s legal heirs on humanitarian grounds were also found not sufficient grounds for quashment in a serious and grave offence. The Court relied on Bhajan Lal Sharma v. State (Govt. of NCT of Delhi), 2016 SCC OnLine Del 4234 : 2016 (158) DRJ 493 to explain how granting quashment to the current facts would amount to setting an unhealthy precedent, giving wrong impressions to the whole society that builders, construction contractors etc can ignore safety precautions against foreseeable threat to life of workers as long as they pay compensation. Petition dismissed with order that observations shall have no impact on merits of the case. [Hitachi Payment Services (P) Ltd. v. State,  2018 SCC OnLine Del 8131, decided on 23.03.2018]

Bail Application
Case BriefsHigh Courts

Himachal Pradesh High Court: A Single Judge Bench comprising of Ajay Mohan Goel, J., allowed a criminal petition filed by the accused-petitioner praying for quashing of FIR registered under Sections 353 and 506 IPC as well as the consequential proceedings arising therefrom.

The petitioner submitted that the issue which led to registration of the FIR, stood amicably resolved between the complainant and the petitioner. Further, the complainant stated before the Court that a compromise was arrived at between the parties as per which the complainant submitted that she was no more interested in pursuing the case against the petitioner. She categorically stated that she had no objection in case the FIR and consequential proceedings against the petitioner are quashed. She submitted that she entered into the compromise out of her own free will and not under threat or coercion. Learned Additional Advocate General also submitted that the matter has been amicably settled between the parties, and the State had no objection in case the petition was allowed and the FIR was quashed.

The Court considered the submissions made by and on behalf of the parties and was of the considered view that since an amicable settlement was arrived at between the parties and since the complainant was no more interested in pursuing the case against the petitioner, it would be in the interest of justice to quash the FIR registered against the petitioner as well as consequential proceedings arising therefrom. Orders were passed accordingly. [Ved Prakash v. State of H.P., 2018 SCC OnLine HP 273, dated 21.3.2018]

Case BriefsHigh Courts

Punjab and Haryana High Court: In a recent appeal before the High Court, it has held that a compromise between the parties is never a concrete ground to quash the criminal proceedings against the accused. The appellant in this case was sentenced to a RI of two years for offence under Sections 326, 323 and 324 IPC by the trial court.

The appellant prayed before the Court that it was a family dispute which had been resolved amicably. On hearing both the parties and also making sure from the opposite party that it was ready to give effect to compromise, the Bench of Jitendra Chauhan, J. brought attention to Narinder Singh v. State of Punjab, (2014) 6 SCC 466 in which the Apex Court had observed that the High Court may be somewhat liberal in accepting the settlement and quashing the proceedings/investigation keeping in mind the timing of the settlement.

The Court elucidated that it was not bound to quash the proceedings even if the compromise has been effected between the parties. However, it considered the fact that the appellant had already been suffering the agony of criminal trial and this very fact would act as the mitigating circumstance to reduce the sentence awarded to the appellant to the period already undergone further directing the parties to remain bound by the terms of the compromise. [Jagmohan Singh v. State of Punjab, 2017 SCC OnLine P&H 1798, decided on 03.07.2017]