Introduction
Section 482 of the Code of Criminal Procedure gives very wide powers to the High Court to exercise it for securing the ends of justice. This provision gives inherent powers to the High Court that can be exercised to prevent the abuse of law.
Vikas Bohat v. State of NCT of Delhi [CRL.M.C. 6927/2022]: Judgment Analysis
Facts of the case
In the instant case, a petition was filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Delhi for quashing of the First Information Report (FIR) registered at Delhi under Sections 354, 506, 509 of the Indian Penal Code, 1860 (IPC), along with other proceedings based on a settlement between the parties.
Sections 354 of the IPC deals with assault or criminal force to woman with intent to outrage her modesty, Section 506 of the IPC deals with criminal intimidation and Section 509 of the IPC deals with word, gesture or act intending to insult modesty of a woman.
The counsel for the petitioner averred that the parties have settled the dispute amicably through a settlement dated 21.03.2022 before the Delhi Mediation Centre.
Respondent no. 2 confirmed the authenticity of the settlement and stated that the dispute with the petitioner have been settled without any coercion and through her free will. She did not object for the quashing of the FIR, on the ground that the dispute has already been settled between the parties. Hence, she stated that she did not wish to pursue her complaint anymore.
Decision of the High Court
Based on the facts and the circumstances, the High Court observed that as respondent no. 2 and the petitioner have already settled their disputes. She has confirmed the same and raised no objections on quashing of the FIR or she was not inclined to pursue her complaint, the Court quashed the FIR.
The High Court noted that if the proceedings against the petitioner would continue then it would lead to “acrimony between the parties and will be an unnecessary burden on the State exchequer”.
Relying on the decisions of the Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303; State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, and Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641; the Court quashed the FIR and all the other proceedings.
Condition imposed by High Court
The Court imposed a condition on the petition that he would assist the Traffic Police at a traffic signal for 30 days. It was directed that the petitioner should report to the DCP Traffic police to render him the assistance at a signal that is assigned to him.
It further added that after competition of 30 days the DCP Traffic would issue a certificate that must be filed by the petitioner before the said Court within two months from the date this order (16.04.2024). The Court further directed that in case of failure of non-submission of the certificate the matter shall be placed before the Court again for further directions.
Conclusion
Under Section 482 of the CrPC, the High Court has given inherent powers wherein the Court can quash criminal proceedings against the accused. The High Court has immense powers under the said provision and it can also impose conditions while quashing the proceedings, like in the instant case the Court though quashed the FIR and criminal proceedings against the accused but directed him to assist traffic police for a month and in case of failure, it would pass further directions.
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