Case Title: MAHENDER AND ORS. Versus STATE NCT OF DELHI AND ORS.
Case No: W.P.(CRL) 1483/2024
Decided on: 10th May , 2024
Quorum: HON’BLE JUSTICE Mr. ANOOP KUMAR MENDIRATTA
Facts of the case
In this matter, a petition under Sections 354/323/324/34 IPC is being filed to have FIR No. 0353/2015 quashed. The petition was filed in response to an alleged incident in which the petitioner reportedly beat the complainant’s kid and touched her inappropriately. The parties reached a friendly settlement, and the State has no issues with the FIR being quashed as a result of the settlement . In order to ensure justice and stop the misuse of the legal system, the petitioners used Section 482 of the Code of Criminal Procedure. The offense’s nature and social impact determine whether criminal proceedings may be halted. Although minor incidents with no social impact can be considered for quashing, serious offenses such as murder or rape cannot be overturned.
Issues
- What criteria are used to decide whether to invoke Section 482 of the Code of Criminal Procedure’s power to quash criminal proceedings?
Legal Provisions
Section 482 of the Code of Criminal Procedure, 1973 (CrPC) is a provision that safeguards the inherent powers of the High Courts in India. It states:
“Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”
Appellant’s Contentions
The appellant argues that they have no more complaints because the case’s parties, who are neighbors, have reached an amicable settlement. They emphasize that there is little likelihood of conviction because of the peaceful settlement and that their goal in ending the proceedings is to foster harmony and go on with their lives. Thus, they contend that carrying on with the procedures would be pointless and a misuse of the legal system, which would result in the FIR and any associated actions being quashed.
Respondent’s Contentions
According to the respondent, there have been no more grievances because all disagreements between the parties have been resolved peacefully. They declare that they want to put an end to the conflict so that everyone may get on with their lives and live in harmony. The likelihood of conviction is low due to the friendly settlement, and pursuing the case further would be a misuse of the legal system. The FIR has been quashed, along with the accompanying procedures under Sections 354/323/324/34 IPC.
Court Analysis and Judgement
The ruling highlights the significance of taking into account the nature of the offense and its impact on society as it analyzes the petitioners’ use of Section 482 of the Code of Criminal Procedure to dismiss criminal proceedings because the parties involved reached an amicable settlement .Even with a settlement, serious crimes like murder and rape cannot be quashed, but smaller occurrences or personal infractions might be .The parties, who are neighbors, have reached a settlement that will result in the quashing of the FIR and any associated actions in an effort to foster harmony and move on with life.
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Judgement Analysis Written by – K.Immey Grace
