In a significant ruling by the Delhi High Court, the case involving the settlement between Raju Kumar and Ravinder Kumar over FIR No. 0688/2020 has been resolved. The Court’s directive to plant 50 saplings signifies the promotion of harmony in legal disputes. This judgement sets a precedent for amicable resolutions in criminal proceedings.
Facts
- Petitioner filed a petition under Section 482 of Cr.P.C. for quashing of FIR No. 0688/2020.
- FIR was registered under Sections 307/324 IPC.
- Altercation over money return led to petitioner being attacked by Raju with a sharp object and hit by Ravinder with an iron stool.
- Cross FIR No. 0689/2020 was registered based on petitioner’s complaint against Ravinder Kumar and Raju Kumar.
- Prosecution’s version states that on 24.11.2020, Raju and Ravinder visited petitioner’s premises for loan repayment leading to an altercation.
- Petitioner allegedly attacked Raju with a ‘chapad’ causing injuries according to prosecution’s case.
Arguments
- The alleged object (chapad) used in the incident was never recovered during the investigation.
- Section 307 IPC was wrongly invoked as injuries sustained by the original names were simple.
- The original names were discharged on the same day as the petitioner.
- The petitioner was not involved in the loan transaction and was merely present at the shop when the incident occurred.
Analysis
- Settlement between the parties has been reached and amicably settled.
- The chances of conviction are bleak due to the settlement.
- Previous FIR against respondent No. 2 & 3 has been quashed by the Court.
- Court may quash criminal proceedings when offender and victim have settled their dispute based on facts and circumstances of each case.
- Serious offences like murder, rape, and dacoity cannot be quashed despite settlement.
- Inherently different treatment is given to offences with civil dispute elements or minor incidents.
- The High Court can assess whether there is enough evidence to prove the charge for the offence charged with.
- The possibility of conviction in such a case being remote justifies quashing of proceedings.
- Principles for quashing FIR have been delineated in specific cases mentioned.
- The current incident stemmed from an initial assault by respondent No. 2 & 3.
- Both parties confirm settlement without coercion or pressure.
- The alleged object used in the incident was not recovered during investigation.
- Respondent No. 2 & 3 suffered simple injuries and were discharged on the same day.
Decision
- FIR No 0688/2020 under Sections 307/324 IPC registered at P.S. Paschim Vihar East and proceedings are quashed.
- The matter has been amicably settled between the parties.
- Continuation of proceedings would be an abuse of the process of Court.
- Instead of imposing costs, the petitioner is directed to plant 50 saplings of trees up to 03 feet.
- Photographs of planted saplings along with the report of IO/SHO concerned shall be forwarded to the Court within eight weeks.
- The settlement promotes harmony between the parties.
- Authorities will undertake the upkeep of the planted saplings/trees.
- Non-compliance with planting trees will result in a cost of Rs. 50,000 to be deposited with the Delhi State Legal Services Authority.
Case Title: PANKAJ MAKHIJA Vs. THE STATE (GOVT. OF NCT OF DEHI) & ORS. (2024:DHC:3786)
Case Number: CRL.M.C.-3639/2024
