Delhi High Court - Orders
Jagvindra Alias Nikhil And Anr vs State & Ors on 18 September, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~35 & 36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6691/2022
JAGVINDRA ALIAS NIKHIL AND ANR. .....Petitioners
Through: Ms. Sonam (D/2263/2012), Advocate.
versus
STATE & ORS. .....Respondents
Through: Mr. Aman Usman, APP for the State.
SI Manju, D-5671, PS Sagarpur
+ CRL.M.C. 1729/2023
SH ASHISH ALIAS SHANKY .....Petitioner
Through: Mr. Pulkit Goyal (D/7807/2024),
Advocate.
Ms. Sonam (D/2263/2012), Advocate.
versus
THE STATE (GOVT. OF NCT OF DELHI) AND ANR.
.....Respondents
Through: Mr. Aman Usman, APP for the State.
SI Manju, D-5671, PS Sagarpur
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 18.09.2024
1. CRL.M.C. 6691/2022 has been filed by the Petitioners seeking quashing of FIR No.167/2021, dated 01.04.2021, registered at Police Station Sagar Pur for offences punishable under Sections 509/34 IPC and Section 12 POCSO Act. It is alleged in the FIR by Respondent No.2/Complainant that CRL.M.C. 6691/2022 etc. Page 1 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2024 at 21:29:26 the Petitioners/Accused, who are her neighbours, have abused her and, therefore, on the complaint of Respondent No.2/Complainant, the present FIR has been registered against the Petitioner. The contents of FIR are not being repeated here.
2. CRL.M.C. 1729/2023 has been filed by the Petitioner seeking quashing of FIR No.169/2021, dated 02.04.2021, registered at Police Station Sagar Pur for offences punishable under Sections 354/509/506 IPC and Sections 8/12 POCSO Act. It is alleged in the FIR by Respondent No.2/Complainant that the Petitioner/Accused, who is her neighbour, has outraged her modesty and, therefore, on the complaint of Respondent No.2/Complainant, the present FIR has been registered against the Petitioner. The contents of FIR are not being repeated here.
3. The Petitioners in CRL.M.C. 6691/2022 and CRL.M.C. 1729/2023 are neighbours.
4. A perusal of the above two FIRs reveals that these are cross complaints. It is stated that the parties have settled all their disputes and have decided to live peacefully.
5. Unfortunately, it is now becoming a trend to register FIRs alleging offences under Sections 354, 354A, 354B, 354C, 354D IPC and even under POCSO Act either to force a party to withdraw a complaint instituted against them or to arm twist a party. Offences under Sections 354, 354A, 354B, 354C, 354D IPC and POCSO Act are serious offences. Such allegations have the effect of tarnishing the image of the person against whom such allegations are made. Allegations regarding these offences cannot be made at a drop of a hat. This practice is an abuse of the process of law. The instant case is a classic example as to how frivolous allegations CRL.M.C. 6691/2022 etc. Page 2 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2024 at 21:29:26 have been levelled by the parties against each other. A neighbour dispute has been given a colour of outraging modesty of women and even children have not been spared and have been brought in as victims. This court can take judicial notice of the fact that the police force is very limited. Police personnel have to spend time in investigating frivolous cases. They have to attend court proceedings, prepare Status Report etc. The result is that investigation in serious offences gets compromised and accused escape because of shoddy investigation. Time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. only for ulterior purpose. It is also unfortunate to see that lawyers are advising and instigating parties to file such frivolous cases. Time has come to sensitize lawyers as well so as to ensure that the process of law is not abused.
6. In the present case, the possibility of conviction has become very remote because the Parties have entered into a settlement. The power of the High Courts to quash FIRs while exercising its powers under Section 482 Cr.P.C even for offences which are not compoundable under Cr.P.C. has been settled in the Judgment of the Apex Court in Gian Singh v. State of Punjab & Anr, (2012) 10 SCC 303.
7. All the Parties are present in Court today. The Petitioners in both the petitions have been identified by their Counsel and the Investigating Officer. The Respondent No.2/Complainants in both the petitions have been identified by the Investigating Officer. The Respondent No.2/Complainants in both the petitions state that they have settled all the disputes with the Petitioners out of their own free will, without pressure, coercion or undue influence and do not want to pursue the present case any further and request CRL.M.C. 6691/2022 etc. Page 3 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2024 at 21:29:27 that the present FIRs and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement arrived at between them and the proceedings recorded before this Court.
8. In view of the fact that cross complaints have been filed by the parties and now they have sought to get the FIRs quashed on the basis of settlement arrived at between them and in view of the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, this Court is inclined to exercise its jurisdiction under Section 482 Cr.P.C to quash the FIRs. Accordingly, FIR No.167/2021, dated 01.04.2021, registered at Police Station Sagar Pur for offences punishable under Sections 509/34 IPC and Section 12 POCSO Act and FIR No.169/2021, dated 02.04.2021, registered at Police Station Sagar Pur for offences punishable under Sections 354/509/506 IPC and Sections 8/12 POCSO Act and all the proceedings emanating therefrom are hereby quashed.
9. However, this Court is of the opinion that the Parties cannot be left scot free for filing false cases and get away with these cases by entering into a settlement which is the abuse of the process of law and the same leads to wasting the precious judicial time.
10. Accordingly, this Court is inclined to impose cost on the petitioners.
a) In CRL.M.C. 1729/2024 the petitioner is directed to deposit a sum of Rs.20,000/- with the "Armed Forces Battle Casualties Welfare Fund"
b) In CRL.M.C. 6691/2024 each petitioner is directed to deposit a sum of Rs.20,000/- with the "Armed Forces Battle Casualties Welfare Fund"CRL.M.C. 6691/2022 etc. Page 4 of 8
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2024 at 21:29:27
11. Copy of the receipts shall be given to the concerned Investigating Officer and the same be also filed with the Registry to show compliance of the order.
12. This Court also feels it necessary that the Petitioners must do some community service. Accordingly, the Petitioners are directed to do community service in the following manner:-
i. Petitioner No.1 in CRL.M.C.6691/2024 is directed to do community service at RML Hospital for a period of one month i.e. from 01.10.2024 to 30.10.2024. Petitioner No.1 shall report to the Medical Superintendent, RML Hospital on 01.10.2024. The Petitioner shall report to the duty assigned to him by Medical Superintendent, RML Hospital at 09:00 AM everyday for a period of one month. After completion of one month community service, a certificate from the Medical Superintendent, RML Hospital be also filed to show compliance of the order of this Court.
ii. Petitioner No.2 in CRL.M.C.6691/2024 is directed to do community service at RML Hospital for a period of one month i.e. from 01.11.2024 to 30.11.2024. Petitioner No.2 shall report to the Medical Superintendent, RML Hospital on 01.11.2024. The Petitioner No.2 shall report to the duty assigned to him by Medical Superintendent, RML Hospital at 09:00 AM everyday for a period of one month. After completion of one month community service, a certificate from the Medical Superintendent, RML Hospital be also filed to show compliance of the order of this Court.CRL.M.C. 6691/2022 etc. Page 5 of 8
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2024 at 21:29:27 iii. Petitioner in CRL.M.C.1729/2024 is directed to do community service at Safdarjung Hospital for a period of one month i.e. from 01.10.2024 to 30.10.2024. He shall report to the Medical Superintendent, Safdarjung Hospital on 01.10.2024. The Petitioner shall report to the duty assigned to him by Medical Superintendent, Safdarjung Hospital at 05:00 PM everyday for a period of one month. He shall do the duty assigned to him by the Medical Superintendent from 05:00 PM to 09:00 PM everyday for a period of one month. After completion of one month community service, a certificate from the Medical Superintendent, Safdarjung Hospital be also filed to show compliance of the order of this Court.
iv. Petitioner No.1 in CRL.M.C.6691/2024 is also directed to assist the Traffic Police at a traffic signal where he may be deputed by the DCP Traffic, West District, for a period of 30 days commencing from 01.11.2024. He shall report to the DCP Traffic at 09:00 AM on 01.11.2024 for rendering the assistance at a traffic signal assigned to him and he shall render his assistance from 09:00 AM till 05:00 PM everyday for a period of 30 days. At the end of the aforesaid period of 30 days, the DCP Traffic shall issue a certificate to the petitioner, which the petitioner shall thereafter file before this Court to show compliance of the order of this Court.
v. Petitioner No.2 in CRL.M.C.6691/2024 is also directed to assist the Traffic Police at a traffic signal where he may be deputed by the DCP Traffic, West District, for a period of 30 days CRL.M.C. 6691/2022 etc. Page 6 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2024 at 21:29:27 commencing from 01.10.2024. He shall report to the DCP Traffic at 09:00 AM on 01.10.2024 for rendering the assistance at a traffic signal assigned to him and he shall render his assistance from 09:00 AM till 05:00 PM everyday for a period of 30 days. At the end of the aforesaid period of 30 days, the DCP Traffic shall issue a certificate to the petitioner, which the petitioner shall thereafter file before this Court to show compliance of the order of this Court.
vi. Petitioner in CRL.M.C.1729/2024 is also directed to assist the Traffic Police at a traffic signal where he may be deputed by the DCP Traffic, West District, for a period of 30 days commencing from 01.11.2024. He shall report to the DCP Traffic at 06:00 PM on 01.11.2024 for rendering the assistance at a traffic signal assigned to him and he shall render his assistance from 05:00 PM till 09:00 PM everyday for a period of 30 days. At the end of the aforesaid period of 30 days, the DCP Traffic shall issue a certificate to the petitioner, which the petitioner shall thereafter file before this Court to show compliance of the order of this Court.
13. In case of any absenteeism/default or any misbehaviour on the part of the Petitioners during the period they have been directed to perform the community service, the same shall be conveyed immediately to the concerned SHO/IO, who shall in turn inform the learned APP for the State, for bringing the same to the notice of the Court and for seeking recall of the orders passed today.
14. The petitions stand disposed of in the above terms, along with CRL.M.C. 6691/2022 etc. Page 7 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2024 at 21:29:27 pending application(s), if any.
15. Looking at the nature of job of the Petitioner in CRL.M.C.1729/2024, liberty is granted to him to file an appropriate application seeking change in the timing of the community service, if required.
SUBRAMONIUM PRASAD, J SEPTEMBER 18, 2024 Rahul CRL.M.C. 6691/2022 etc. Page 8 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/09/2024 at 21:29:28