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2023 DIGILAW 1090 (DEL)

Jagdish Khatri v. State NCT of Delhi

2023-02-21

DINESH KUMAR SHARMA

body2023
JUDGMENT Dinesh Kumar Sharma, J. (Oral)--This is a petition for quashing of FIR No.157/2017 under Sections 354 IPC registered at Police Station Sangam Vihar and the proceedings emanating therefrom. The FIR was lodged on the statement of respondent No.2/Ms. Ishwanti @ Ishmanti. In the FIR, it has been alleged that she along with her niece went to clean her new house when the Petitioner/accused entered the house and pushed her from her chest. The charge sheet in the case has been filed on 11.01.2018. 2. It has been submitted that the cross-FIR No.154/2017 under Section 506/509 was also lodged on the statement of Ms Pushpa Khatri, wife of the petitioner herein. Thereafter the Memorandum of Understanding/Settlement Agreement dated 24.06.2022 has been executed between the petitioner and respondent No.2. The terms and conditions of the Memorandum of Understanding/Settlement Agreement dated 24.06.2022 read as under: "1. That both the parties shall withdraw their respective cases/claims/suits filed against each other unconditionally from the respective courts. 2. That Mr. Jagdish Khatri shall file quashing petition before the Hon'ble High Court for quashing of the above mentioned FIRs i.e 157/17 registered at P.S-Sangam Nihar and Mrs. Ishmanti; W/o Sh. Ajit Singh shall cooperate in quashing of the said FIR and shall make respective statement for quashing of the same. 3. That an application u/s 320 Cr. P.C for compounding of case with respect to F.I.R No.154/17, P.S-Sangam Vihar u/s 506/509 IPC shall be filed by Mr. Dharam Chand, Mr. Pardeep, Mr. Parmod Gupta and Mr. Ajit in the Ld. Trial Court and Mrs. Pushpa Khatri W/o Sh. Jagdish Khatri shall co-operate in the same and shall give respective statement/affidavit to this effect before the Ld.Trial Court. 4. That Mr. Jagdish Khatri shall also withdraw his suit bearing CS/DJ NO.43/2020 filed against Mr. Dharam Chand for seeking damages on account of malicious prosecution. 5. That both the parties shall maintain peace and shall also maintain harmony amongst each other. 6. That both the parties shall bear their respective expenses qua filing of the petition/application in the Hon'ble High Court and before the Ld. Trial Court. 7. Dharam Chand for seeking damages on account of malicious prosecution. 5. That both the parties shall maintain peace and shall also maintain harmony amongst each other. 6. That both the parties shall bear their respective expenses qua filing of the petition/application in the Hon'ble High Court and before the Ld. Trial Court. 7. That it is agreed between the parties that no party shall file any case/complaint against each other or any of their family members/friends, or relatives and withdraw all or any of the case if filed by any of the parties against each other or any of their family members or friends or relatives before any court of law or authority. 8. The contents of this MOU have been read by the Parties and they have understood the terms of this MOU and the same are true and correct. They agreed to be governed by the same. 9. It is expressly agreed and confirmed that the Parties have arrived at this Settlement out of their own free will and without any duress, coercion, force, or undue influence from anybody and have understood the respective implications with respect to their Civil and Criminal rights under the respective law. 10. Both the Parties also undertake to abide by all the terms and conditions of this Settlement in their letter and spirit. The parties have agreed that by signing this agreement there shall be no claim or demand against each other and all the disputes and differences if any have been amicably settler between the parties hereto." 3. Learned Counsel for the petitioner has submitted pursuant to the MOU, other litigations have been put to rest and therefore prays that the FIR No.157/2017 under Sections 354 IPC registered at Police Station Sangam Vihar may be quashed. 4. The inherent power under Section 482 Cr.P.C. is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guidance engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. 4. The inherent power under Section 482 Cr.P.C. is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guidance engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In the case of Gian Singh v. State of Punjab , (2012) 10 SCC 303 , the Supreme Court has observed that in the exercise of its inherent power under Section 482, the High Court can quash FIR/Charge-sheet on the basis of alleged settlement except in cases of rape, murder, dacoity or the cases under the Special Statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc. It is a settled proposition of law that High Courts should exercise the power under Section 482 Cr.P.C. for quashing of criminal cases having overwhelmingly and predominantly civil flavour. 5. It has also been repeatedly held that the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. Reliance can be placed upon Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojiroo Angre , (1988) 1 SCC 692 . 6. Respondent no. 2 is present in court and has duly been identified by the IO. She states that she has entered into the settlement voluntarily and she has no objection if the FIR is quashed. Affidavit of Respondent no. 2 has also been placed on record. 7. In view of the above, it appears that he is not going to support the case of the prosecution and the possibility of conviction is remote and bleak. In view of the matter, the continuation of the criminal proceedings would be an exercise in futility and it is an abuse of the process of the court. There would no purpose in continuing with the present proceedings and accordingly, the FIR No.157/2017 under Sections 354 IPC registered at Police Station Sangam Vihar and all the other proceedings emanating therefrom are quashed. 8. The present petition stands disposed of.