DINESH SHARMA AND ORS v. STATE AND ANR (CRL.M.C. 1002/2021) - Synopsis
Team SoOLEGAL 7 Apr 2021

HC’s power to quash FIR under Section 482 Code of Criminal Procedure is impotent in case of heinous offences on account of compromise between the parties.

In the case of DINESH SHARMA AND ORS v. STATE AND ANR (CRL.M.C. 1002/2021), the Delhi High Court stated that it doesn’t hold the power to quash the FIR under Sec 482 CrPC when the offence registered is a heinous one even though the parties have reconciled within themselves.

In this case, an FIR was filed by a minor girl against her relative Dinesh Sharma, the Petitioner of this case under Sec 354, 354D, 506, 509, 34 IPC, and Sec 10 POSCO Act,2012. In reference to those offences, the petitioner has filed this particular suit under Sec 482 CrPC seeking quashing of FIR as the families have reconciled or compromised the matter within themselves. The act committed by the petitioner was heinousas he intentionally along with his nephews had used criminal force to outrage the modesty of a women and despite clear indications of refusal from the girl.

The power under Sec 482 of the Code of Criminal Procedure, is different from the powers the court possessesunder Sec 320 of the Code to compound the offences which can be compoundable. Under Sec 482 of the Code, the High Court has the power to quash the FIR even when the offences are not compoundable, where the matters have already been settled within the parties.

The power of such should be used always with fairness and caution, as it doesn’t apply to the offences which are heinous such as Rape punishable under Sec 376 IPC. In this particular case, the Court mentioned the case of Gian Singh v. State of Punjab [(2012) 10 SCC 303], where the Supreme Court stated before exercising such kind of power regard must be paid to the nature and gravity of the crime. It also stated that“Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute.”

The judgment also states about the case of Narinder Singh &Ors. v. State of Punjab &Anr. [(2014) 6 SCC 466], where following the judgment of Gian Singh v. State of Punjab, the court stated that

“(II)When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:

(i) ends of justice, or

(ii) to prevent abuse of the process of any Court.

While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

(III) Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.”

Taking into consideration the above-mentioned judgments, the Court made those binding in this particular case under Art. 141 of the Constitution.

Moreover, the petitioner was also charged under the POSCO Act2012, and thus “Exercising jurisdiction under Section 482 CrPC to quash an offence under POCSO Act 2012 would go against the intention of the legislature which has brought out the special enactment to protect the interests of children.” The Court lastly observed that the FIR cannot be quashed just on the ground that the victim compromised with the petitioner after attaining majority as the offence remains the same. 

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