Court exercises inherent powers to quash FIR under Section 308 IPC following a compromise, emphasizes the sanctity of familial relationships.
In a significant ruling, the Delhi High Court, under the guidance of Justice Prateek Jalan, quashed the FIR registered under Section 308 of the Indian Penal Code (IPC) in a case characterized by familial discord. The case involved Antonette Pamela Fernandez, who sought the quashing of the FIR based on a compromise with the complainant, who was her guardian. The FIR was originally lodged following an incident where Fernandez allegedly attacked the complainant, her guardian, with a wooden cross and a knife, inflicting simple injuries.
The petitioner, who was under the guardianship of the complainant and her late husband since infancy, had entered into a Memorandum of Understanding (MoU) with the complainant, resolving the dispute amicably. The court acknowledged the relationship akin to that of a mother and child, describing it as socially recognized and sacrosanct.
The judgment underscores the High Court's discretionary power to quash criminal proceedings in non-compoundable offenses when a compromise is reached, especially in cases with predominant civil or familial elements. The court emphasized the societal importance of preserving familial bonds and the unique mother-child relationship in its decision.
Furthermore, the court directed the petitioner to undertake community service at St. Stephen's Hospital as part of the judgment, highlighting the balance between justice and societal good.
Bottom Line:
Exercise of inherent powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 482 of CrPC) to quash criminal proceedings based on compromise between parties in cases involving family disputes.
Statutory provision(s): Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of CrPC), Section 308 IPC, Guardians and Wards Act, 1890.
Antonnette Promilla Fernanadez v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2861334
