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Judgment
Veena Birbal, J.—In the present writ petition, petitioner has prayed for quashing of FIR No. 473/2007 under Sections 457/506/509/323 IPC registered at P.S. Preet Vihar and all other proceedings emanating therefrom.
Briefly stated, the facts of the case are that aforesaid FIR was registered against the petitioner on 09/10.07.2007 on the statement of Sanjay Malhotra, i.e. respondent No. 2, wherein it is alleged that he is 45 years of age and is doing the work of repairing of watches at Connaught Place. Petitioner lives in front of his house. It is alleged that petitioner quite often used to stand in front of his house along with other boys. When respondent No. 2 told him not to do so, he got annoyed and on the night of 9th July, 2007 when he came back to his house, petitioner, who was in a drunken state started abusing him and suddenly kicked the door of his house and broke the same and started giving him beatings with slaps and fists, as a result of which he sustained injuries on his face. The community people gathered there and removed respondent No. 2 to hospital. Respondent No. 2 requested the police to take legal action against petitioner.
It is further stated that on the day of incident itself, the matter was settled with the intervention of neighbours. On 13th July, 2007, petitioner applied for anticipatory bail and the same was granted to him by the concerned learned ASJ, Delhi. It is also mentioned in the petition that respondent No. 2 has also filed an affidavit with the present petition to the effect that he does not want to pursue the aforesaid FIR, as such continuation of investigation will be of no use and as such FIR as well as all consequential proceedings may be quashed.
Respondent No. 2, on whose statement aforesaid FIR was registered, is present with Counsel. Learned Counsel for respondent No. 2 submits that the matter has been amicably settled between the parties as petitioner is their immediate neighbour and respondent No. 2 is not interested in pursuing the matter further.
Learned Counsel appearing for State has filed the status report wherein it is stated that charge sheet has been filed in the court of Sh. Mukesh Kumar, learned MM, Karkardooma Court and next date of hearing is 7th February, 2009. It is pointed out that offence u/s 457 IPC is a non-compoundable offence as such present petition for quashing be not accepted.
On the other hand, learned Counsel for petitioner has relied upon decision of Supreme Court in B.S. Joshi v. State of Haryana AIR 2003 Supreme Court 96 and has submitted that this court is not powerless to quash the criminal proceedings in cases arising out of non-compoundable offences. Learned Counsel has also relied upon various judgments of this court wherein even in non-compoundable offences, quashing has been allowed. I need not cite all the judgments relied upon by the Counsel for the petitioner.
The Supreme Court in B.S. Joshi v. State of Haryana (Supra) has categorically held that Section 320 of Code of Criminal Procedure, 1973 does not limit or affect the power of the court to quash criminal proceeding or FIR or complaint even in non-compoundable offences.
It is clear from the above judgment that the court can quash the criminal proceedings in cases arising out of non-compoundable offences but the court has to see whether the same would secure the ends of justice or not.
In the present case, parties are immediate neighbours. The alleged incident is of 9th July, 2007. Immediately on the next day, they have entered into a compromise with the intervention of their neighbours. There is no allegation that there is any kind of threat or pressure on respondent No. 2/complainant in entering into this settlement. Parties have to live in the same locality. Petitioner has hardly sustained any injury. Under the circumstances, it is better if they live without any bitterness.
Considering the totality, I allow the present petition and quash FIR No. 473/2007 registered against petitioner under Sections 457/506/509/323 IPC at P.S. Preet Vihar and all consequent proceedings arising therefrom, subject to cost of Rs. 3,000/- to be deposited with Delhi Legal Services Authority by the petitioner within three weeks.