Case title:
VIKAS BOHAT vs STATE OF NCT OF DELHI & ANR.
Date of Order:
April 16, 2024;
Bench:
Humbly submitted before the Hon’ble High Court of NEW DELHI.
Parties:
Appellant:VIKAS BOHAT
Respondents: STATE OF NCT OF DELHI & ANR.
Judge:
HON'BLE MR. JUSTICE NAVIN CHAWLA
Subject:
The case revolves around solving the matter outside the court by means of Mediation. The court acknowledged the same, stating if the parties reach a mutual conclusion, there is no need to put unnecessary burden on the State exchequer. Hence, the Court put forward a few conditions before the petitioner, before quashing the proceedings against him. These were to be followed and the certificates for the same were asked to be submitted before the court.
IMPORTANT PROVISIONS
CODE OF CRIMINAL PROCEDURE
Section 482: The High Court’s inherent powers are preserved to prevent the court’s abuse and ensure justice.
OVERVIEW (Brief Facts)
- In this case the petition was filed under Section 482 of the Code of Criminal Procedure countermanding the FIR registered under various sections of IPC(354/506/509) along with various other proceedings that arose from it, on the basis of settlement.
- The settlement happened on 21.03.2022 before the Delhi Mediation Centre, Karkardooma Courts, Delhi.
ISSUES RAISED
The core issues that were raised in this case were related to:
- Whether the settlement of matters on a mutual note, a better and quick way of solving matters?
ARGUMENTS ADVANCED BY THE PETITIONER
- The Counsel from the appellant inferred that both the parties settled their disputes (inter se) via a settlement made on 21.03.2022 before the Delhi Mediation Centre, Karkardooma Courts, Delhi.
- Where respondent 2 was present through V.C. which was investigated by the Investigating Officer (IO).
ARGUMENTS ADVANCED BY THE RESPONDENT
- The respondents re-affirmed the settlement done with her own free will, without coercion.
- It was stated that there was no Objection from her side if the FIR was stated.
JUDGEMENT ANALYSIS
- Based on the above-presented facts, it was stated that as both parties have come to a mutual conclusion, it was declared there was no point in moving ahead with the FIR.
- Referring to a few of the cases enunciated by the Supreme Court, it was pressed that the use of inherent power of the Court under Section 482 of the Cr.P.C. was appropriate and was in the interest of justice.
- Hence, the proceedings that were emanating against the petitioner were quashed, to the condition that the petitioner will have to assist the Traffic Police at a traffic signal where he may be deputed by the DCP Traffic.
- This assistance would continue for 30 days, after which a certificate would be granted to him for the work.
- The above certificate would have to be submitted by the petitioner within 2 months, and if he fails to do so, the Court may get involved again.
CONCLUSION
This case revolves around a compromise that happened outside the court by means of mediation, which eventually saved the Court’s time. There was mutual consent from both parties to settle the matter (without any force). However, there were some conditions set before the petitioner to follow (i.e. to help the Traffic Police) and if these conditions were not fulfilled, the Court would get involved again.
