Case Note & Summary
The Supreme Court of India dismissed two appeals arising from a common FIR involving allegations of wrongful confinement and trafficking of a female domestic worker belonging to a Scheduled Tribe. The complainant was brought from Chhattisgarh to Delhi in 2009 by neighbours under the pretext of employment, handed over to a placement agency, and forced to work as a domestic help without pay. In 2016, she was placed with Ajay Malik, a DRDO scientist, at his official residence in Dehradun. In March 2017, Ajay Malik left for official duty, locking the main entrance and entrusting a spare key to his neighbour Ashok Kumar, who allegedly visited regularly to provide water and keep watch. The complainant contacted police on 29.03.2017, leading to her recovery and registration of FIR under Sections 343 and 370 IPC against Ajay Malik, Mohan Ram, Subhash, and Shambhu. Subsequently, a third chargesheet was filed against Ashok Kumar under Sections 343 and 120B IPC. Ajay Malik filed a petition under Section 482 CrPC seeking quashing of proceedings and a compounding application, which the High Court rejected, holding that a prima facie case under Section 370 IPC (non-compoundable) was made out. Ashok Kumar's discharge application was initially rejected by the Sessions Court but allowed by the High Court on revision, citing lack of specific allegations and availability of an alternative exit. The Supreme Court, after hearing arguments, dismissed both appeals. It upheld the High Court's rejection of Ajay Malik's compounding and quashing petitions, emphasizing that Section 370 IPC is a non-compoundable socio-economic offence and that the allegations of confinement and trafficking were supported by the FIR and the victim's statement. Regarding Ashok Kumar, the Court set aside the High Court's discharge order, holding that his possession of the keys and regular visits to the victim raised a prima facie case of conspiracy and wrongful confinement, warranting trial. The Court directed the trial court to proceed expeditiously and complete the trial within six months.
Headnote
A) Criminal Law - Trafficking - Non-compoundable Offence - Section 370 Indian Penal Code, 1860 - Section 320 Code of Criminal Procedure, 1973 - The High Court rejected the compounding application of the accused Ajay Malik on the ground that a prima facie case under Section 370 IPC was made out, which is non-compoundable under Section 320 CrPC. The Supreme Court upheld this, holding that the offence of trafficking is a serious socio-economic offence and cannot be compounded even with the consent of the victim. (Paras 4.10, 5.1) B) Criminal Procedure - Quashing of FIR - Inherent Powers - Section 482 Code of Criminal Procedure, 1973 - The High Court dismissed the petition under Section 482 CrPC filed by Ajay Malik seeking quashing of criminal proceedings, finding that the chargesheet and witness statements made out a prima facie case of wrongful confinement under Section 343 IPC and trafficking under Section 370 IPC. The Supreme Court affirmed, noting that the allegations of confinement and trafficking were supported by the FIR and the victim's statement under Section 164 CrPC. (Paras 4.10, 5.1) C) Criminal Procedure - Discharge - Prima Facie Case - Section 227 Code of Criminal Procedure, 1973 - The High Court discharged Ashok Kumar from the charges under Sections 343 and 120B IPC, finding no specific allegations against him in the FIR or subsequent statements, and noting that the victim had an alternative exit from the house. The Supreme Court set aside this discharge, holding that the fact that Ashok Kumar held the keys to the house and regularly visited to provide water to the victim raised a prima facie case of conspiracy and wrongful confinement. (Paras 4.14, 5.2)
Issue of Consideration
Whether the High Court was correct in rejecting the compounding application and quashing petition of Ajay Malik under Section 482 CrPC for offences under Sections 343 and 370 IPC; and whether the High Court was correct in discharging Ashok Kumar under Section 227 CrPC for offences under Sections 343 and 120B IPC.
Final Decision
Both appeals dismissed. The Supreme Court upheld the High Court's rejection of Ajay Malik's compounding and quashing petitions, and set aside the High Court's discharge order of Ashok Kumar, directing the trial court to proceed with the trial expeditiously and complete it within six months.
Law Points
- Section 370 IPC is non-compoundable under Section 320 CrPC
- Section 482 CrPC cannot be used to quash non-compoundable offences based on settlement
- Section 343 IPC wrongful confinement requires proof of restraint
- Section 120B IPC conspiracy requires meeting of minds
- Gian Singh v. State of Punjab principles on quashing
- Narinder Singh v. State of Punjab on compounding
- State of Haryana v. Bhajan Lal on inherent powers
- Rajiv Thapar v. Madan Lal Kapoor on quashing frivolous prosecution
