* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 2377/2016 Date of Decision: November 17th, 2016 ........ Petitioner
Through: Mr.Pawan Sharma, Advocate. versus ........ RESPONDENTS
Through: Mr.Izhar Ahmad, APP. Mr.Ankur Bansal, Advocate for R-2. DHEERAJ SHARMA & ANR STATE & ANR CORAM: HON'BLE MR. JUSTICE P.S.TEJI Learned Additional Public Prosecutor P.S.TEJI, J.
1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Dheeraj Sharma and Sh. Jagdish Raj Sharma for quashing of FIR No.85/2012 dated 23.05.2012, under Sections 498-A/4
IPC registered at Police Station Ranjit Nagar on the basis of a mediation report of the Mediation Centre, Dwarka Courts, New Delhi between the petitioners and respondent no.2, namely, Smt. Reena Sharma on 23.05.2015. respondent-State 2. submitted that the respondent No.2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by SI Amit Tyagi.
3. The factual matrix, in brief, of the present case is that the marriage was solemnized between the petitioner no.1 and the respondent no.2 on 10.07.2009 according to Hindu rites and ceremonies and out of the said wedlock a male child was born. It is the case of the in by the complainant were dissatisfied with the dowry brought the complainant that the in-laws and husband of for Crl.M.C. 2377/2016 Page 1 of 9 complainant at the time of marriage and that they would torture her for the same. It is alleged that on 12.05.2011, the complainant and her child were turned out of the matrimonial home by husband of the complainant as a result of which, she lodged a police complaint on 13.05.2011. Later, when the complainant tried to join the company of her husband at her matrimonial home, she was denied entry and when the complainant’s husband was called to the Police Station by SI Narsingh for taking back the complainant, the complainant’s husband refused to the same. Respondent No.2, present in the Court, submitted that Thereafter, the complainant got lodged the complaint following the petitioners. the matter was settled which the FIR in question was registered against During the pendency of the proceedings, between the accused persons and the respondent no.2.
4. the dispute between the parties has been amicably resolved with the intervention of the respectable persons of the society. As per the relevant terms of the mediation report, petitioner no.1 and respondent no.2 agreed to take divorce by way of mutual consent and that they have settled all the issues with regard to the present dispute. It is agreed that the custody of Master Vishal shall remain with respondent no.2 and that petitioner nos.1 & 2 or any other persons shall not claim the custody of Master Vishal and shall not have any visitation rights qua the said child in the future. It is agreed that petitioner no.1 shall pay a sum of Rs. 7.75 Lacs towards full and final settlement of all the claims arising out of their marriage which includes permanent alimony, dowry articles, istridhan, maintenance (past, present and Crl.M.C. 2377/2016 Page 2 of 9 future) etc. It is also agreed that the above mentioned amount shall be paid in the manner enunciated in the terms of the settlement. It is also agreed that the petitioner no.1 shall pay a sum of Rs. 1.75 Lacs respondent no.2 in the manner enunciated in the terms of the Settlement at the time of quashing of the FIR in question and for the quashing of FIR No.513/2014 under Section
IPC registered at Police Station Baba Haridas Nagar and that respondent no.2 shall cooperate with the petitioners for the same. It is agreed that the quashing petitions for the above mentioned FIRs shall be filed by the petitioners within one month after passing of decree of divorce between petitioner no.1 and respondent no.2. Respondent No.2 affirmed the contents of the aforesaid settlement and of her affidavit dated 29.05.2016 supporting this petition. In the affidavit, she has stated that she has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No.2 has been recorded in this regard in which she stated that she has entered into a compromise with the petitioners and has settled all the disputes with them. She further stated that she has no objection if the FIR in question is quashed. In Gian Singh v. State of Punjab (2012) 10 SCC303Apex 5. Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-
"In other words, “61. the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of Crl.M.C. 2377/2016 Page 3 of 9 criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.” The aforesaid dictum stands reiterated by the Apex Court in a 6. recent judgment in Narinder Singh v. State of Punjab (2014) 6 SCC466 The relevant observations of the Apex Court in Narinder Singh (Supra) are as under:-
"“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:
29. 1 Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on Crl.M.C. 2377/2016 Page 4 of 9 special society. Similarly, for the offences alleged to have been committed under statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. predominantly and civil 7. The inherent powers of the High Court ought to be exercised to prevent the abuse of process of law and to secure the ends of justice. The respondent no.2 agrees to the quashing of the FIR in question without any threat or coercion or undue influence and has stated that the matter has been settled out of her own free will. As the matter has been settled and compromised amicably, so, there would be an extraordinary delay in the process of law if the legal proceedings between the parties are carried on. So, this Court is of the considered opinion that this is a fit case to invoke the jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law and to secure the ends of justice.
8. The incorporation of inherent power under Section 482 Cr.P.C. is meant to deal with the situation in the absence of express provision of law to secure the ends of justice such as, where the process is abused or misused; where the ends of justice cannot be secured; where the process of law is used for unjust or unlawful object; to avoid the causing of harassment to any person by using the provision of Cr.P.C. or to avoid the delay of the legal process in the delivery of justice. Crl.M.C. 2377/2016 Page 5 of 9 Whereas, the inherent power is not to be exercised to circumvent the express provisions of law.
9. It is settled law that the inherent power of the High Court under Section 482 Cr.P.C. should be used sparingly. The Hon’ble Apex Court in the case of State of Maharashtra through CBI v. Vikram Anatrai Doshi and Ors. MANU/SC/0842/2014 and in the case of Inder Singh Goswami v. State of Uttaranchal MANU/SC/0808/2009 has observed that powers under Section 482 Cr.P.C. must be exercised sparingly, carefully and with great caution. Only when the Court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the Court if such power is not exercised, Court would quash the proceedings.
10. It is a well settled law that where the High Court is convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy. Non-compoundable offences are basically an obstruction in entering into compromise. the main offence is compoundable but the connected offences are not. In the case of B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC675the Hon’ble Apex Court observed that even though the provisions of Section 320 Cr.P.C. would not apply to such offences which are not compoundable, it did not limit or affect the powers under Section 482 Cr.P.C. The Hon’ble Apex Court laid down that if for the purpose of In certain cases, Crl.M.C. 2377/2016 Page 6 of 9 In the nutshell, securing the ends of justice, quashing of FIR becomes necessary, section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. justified the exercise of powers under Section 482 Cr.P.C. to quash the proceedings to secure the ends of justice in view of the special facts and circumstances of the case, even where the offences were non- compoundable. the Hon’ble Apex Court In the light of the aforesaid, this Court is of the view that notwithstanding the fact the offence under Section 498A IPC is a non- compoundable offence, there should be no impediment in quashing the FIR under this section, if the Court is otherwise satisfied that the facts and circumstances of the case so warrant. The Courts in India are now normally taking the view that 11. endeavour should be taken to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs such as, matrimonial disputes between the couple or/and between the wife and her in-laws. India being a vast country naturally has large number of married persons resulting into high numbers of matrimonial disputes due to differences in temperament, life-styles, opinions, thoughts etc. between such couples, due to which majority is coming to the Court to get redressal. In its 59th report, the Law Commission of India had emphasized that while dealing with disputes concerning the family, the Court ought from that adopted in ordinary civil proceedings and that it should make reasonable efforts at settlement before the commencement of the trial. Further it is also the constitutional mandate for speedy disposal of to adopt an approach radically different Crl.M.C. 2377/2016 Page 7 of 9 such disputes and to grant quick justice to the litigants. But, our Courts are already over burdened due to pendency of large number of cases because of which it becomes difficult for speedy disposal of matrimonial disputes alone. As the matrimonial disputes are mainly between the husband and the wife and personal matters are involved in such disputes, so, it requires conciliatory procedure to bring a settlement between them. Nowadays, mediation has played a very important role in settling the disputes, especially, matrimonial disputes and has yielded good results. The Court must exercise its inherent power under Section 482 Cr.P.C. to put an end to the matrimonial litigations at the earliest so that the parties can live peacefully.
12. Since the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between the parties, therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility and is a fit case for this Court to exercise its inherent jurisdiction.
13. In the facts and circumstances of this case, in view of statement made by the respondent No.2 and the compromise arrived at between the parties, the FIR in question warrants to be put to an end and proceedings emanating thereupon need to be quashed.
14. Accordingly, this petition is allowed and FIR No.85/2012 dated 23.05.2012, under Sections 498-A/4
IPC registered at Police Station Ranjit Nagar and the proceedings emanating therefrom are quashed against the petitioners. Crl.M.C. 2377/2016 Page 8 of 9 15. This petition is accordingly disposed of. NOVEMBER17 2016/dd (P.S.TEJI) JUDGE Crl.M.C. 2377/2016 Page 9 of 9