New Delhi, Oct 5 (SocialNews.XYZ) The Delhi High Court has quashed an FIR invoking attempt to murder and Arms Act provisions against a woman and three others accused of firing shots during a dispute over a monetary transaction, after noting that the injured person had suffered only simple injuries and the parties had amicably settled the matter.
A single-judge Bench of Justice Amit Bansal allowed the petition filed under Section 482 of the Cr.P.C., observing that the case was fit for exercise of the High Court’s inherent powers to quash criminal proceedings on the basis of settlement, despite Section 307 IPC being invoked.
The FIR was registered on June 2, 2024, at Palam Village police station under Sections 307 (attempt to murder), 506 (criminal intimidation) and 34 (common intention) of the IPC and Section 27 of the Arms Act, following a dispute between the parties over a monetary transaction.
According to the FIR, the petitioners had gone to the house of the respondent in connection with a monetary dispute, where an altercation took place.
It was alleged that petitioner no. 1 called her bodyguard, petitioner no. 2, who fired shots from a firearm, one of which allegedly struck respondent no. 3, Arshad Khan.
The FIR also contained allegations of threats and damage to property.
The investigation was completed, and the charge sheet as well as a supplementary charge sheet were filed before the trial court.
The prosecution opposed the plea for quashing, arguing that the case involved a serious offence, including Section 307 IPC.
However, the High Court said that the medical examination of the injured described the injury as "simple blunt" and that the firearm used in the incident had been verified to be a licensed weapon.
The petitioners submitted that the parties had settled their dispute through a memorandum of understanding/settlement deed dated July 18, 2024, without any coercion or undue pressure, and that they were neighbours with no dispute remaining between them.
Referring to several Supreme Court judgments, Justice Bansal said that the High Court could exercise its inherent jurisdiction to quash even non-compoundable offences on the basis of a compromise, but such power had to be exercised sparingly and with caution.
The High Court observed that "the mere use of the expression 'Section 307 IPC' or the invocation of Section 307 in the criminal proceedings cannot be determinative" and that the court must examine the factual circumstances, including the nature of the injury and weapon used.
“Taking into account the simple nature of the injury, the fact that the parties are known to each other and have voluntarily settled their disputes, and that the settlement has been arrived at an early stage of the proceedings,” the Delhi High Court said that the case fell within the category where its jurisdiction under Section 482 of the Cr.P.C./Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) could be exercised.
It also recorded that the charge sheet had only recently been filed and the trial was yet to commence, while the complainant and injured had unequivocally stated that they did not wish to pursue the matter.
"Accordingly, this Court is inclined to quash the FIR in light of the settlement even though Section 307 of IPC is invoked," Justice Bansal said.
The respondents were present before the High Court and stated that they had settled the matter of their own free will and without coercion. They also expressed no objection to the quashing of the FIR.
The High Court observed that "no useful purpose would be served by continuing with the proceedings of the present FIR and it would be an unnecessary burden on the State exchequer."
Accordingly, the Delhi High Court quashed the FIR registered at Palam Village police station and all proceedings arising from it, subject to payment of costs of Rs 25,000 each by petitioners no. 1 to 4 to the Chintan Environmental Research and Action Group. The High Court directed that the necessary compliance report be filed before the registry within four weeks.
Source: IANS
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