Ram Gopal Chand v. The State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 47/2016 RAM GOPAL CHAND ..... Petitioner Through:

Mr.J.A.Chaudhary, Advocate.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Jamal Akhtar, Advocate.

SI Pratap Singh, P.S.Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 08.01.2016 Crl.M.A No.274/2016 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 47/2016 1.

The petitioner who is the husband of respondent no.2 has sought quashing of FIR No. 631/2014 instituted at P.S Uttam Nagar, under Sections 498-A/406 of the IPC, on the basis of the settlement arrived at with the respondent no. 2.

2.

The marriage between the petitioner no.1 and respondent no.2 was solemnized on 21/02/2011 as per Hindu rites and customs at Delhi and out of the said wedlock, one child was born. However, disputes arose between the petitioner and respondent no. 2 on account of differences of opinion and

temperament.

3.

The respondent no.2 filed a petition under Section 125 of the Code of Criminal procedure for maintenance, before Family Court, Tis Hazari. 4.

The petitioner on the other hand filed a case under Section 9 of the Hindu marriage Act before Family Court, Tis Hazari for Restitution of Conjugal Rights.

5.

During the pendency of the disputes between the parties, the subject FIR came to be lodged by respondent no.2 against the petitioner under Sections 498-A/406 of the IPC.

6.

During the proceedings under Section 125 Code of Criminal Procedure, the matter was sent to Mediation Centre, Tis Hazari Courts, Delhi, where, all disputes were settled amicably and a settlement was arrived at between them. In terms settlement, it was inter alia agreed that the petitioner no.1 would pay to respondent no.2 a total sum of Rs. Sixty Thousand only towards full and final settlement of all her past, present and future claims. It was agreed that the petitioners shall pay the aforesaid amount in three instalments. The first installment of rupees Twenty thousand was to be paid in the name of the minor child to the wife at the time of recording of their statement of first motion. The second installment of Rupees Twenty thousand had to be paid to the wife at the time of recording of statement of second motion. The balance amount of Rupees Twenty thousand was agreed to be paid to the respondent no. 2, at the time of quashing of the subject FIR.

7.

This court has been apprised of the fact that the investigation is still proceeding and the charge sheet has not yet been submitted. 8.

The parties are present in the Court.

9.

In view to the settlement between the parties, case filed by the parties against each other have been withdrawn. It is submitted that the first two installments, in terms of the settlement agreement have already been paid and the third and final installment has been brought in court today. 10.

Rupees Twenty thousand has been handed over to the respondent no.2, today, towards full and final settlement of all her claims. Respondent no.2 has accepted the same without any pressure or coercion. It submitted by the respondent no.2 that in view of foregoing, all her grievances against the petitioner stand completely redressed and that she does not wish to pursue the present case any further. The respondent no.2 has no objection to the quashing of the subject FIR.

11.

Considering the fact that the grievance of the respondent no.2 has been completely redressed and that no fruitful purpose would be served in further prosecuting the petitioners, this Court is inclined to quash the present FIR.

12.

In Gian Singh vs. State of Punjab & Another, (2012) 10 SCC 303, the Supreme Court has held that cases which are not compoundable under Section 320 of the Cr.P.C. could also be quashed, when continuation of any criminal proceeding would be an exercise in futility and where justice demands that the dispute between the parties should be put to an end and peace is restored. But ending of such criminal proceedings could only be ordered for securing the ends of justice.

13.

The Supreme Court has further observed in Gian Singh (Supra): "58............................ No doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the crime-doer only

because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without the permission of the court. In respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc.

or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard-and-fast category can be prescribed."[Refer to B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677 and Manoj Sharma, (2008) 16 SCC 1.] 14.

In Narinder Singh & Ors. vs. State of Punjab & Anr., (2014) 6 SCC 466, the pertinent observations of the Apex Court 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 society. Similarly, for the offences alleged to have been committed under special 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 and predominantly civil 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.

29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and

extreme injustice would be caused to him by not quashing the criminal cases.

29.6. Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used, etc.

Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship.

29.7. While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the chargesheet has not been filed. Likewise, those cases where

the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come to a conclusion as to whether the offence under Section 307 IPC is committed or not.

Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 IPC and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime."

15.

In the case of Jitendra Raghuvanshi & Ors. vs. Babita Raghuvanshi & Anr. (2013) 4 SCC 58, wherein the Supreme Court in respect of thematrimonial disputes has specifically held as follows:- "15. In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.

16. There has been an outburst of matrimonial disputes in recent times. They institution of marriage occupies an

important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising their extraordinary jurisdiction. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the Court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of process of court or that the ends of justice require that the proceedings ought to be quashed...."

16.

Thus, the inherent powers of the High Court, having a wide plenitude could be used for quashing the FIR for securing the ends of justice and to prevent the abuse of the process of the court. 17.

Keeping in mind the facts of this case and the settlement between the parties, allowing the criminal proceeding to be continued any further would not be in accord with the guiding factor namely securing the ends of justice. 18.

For the reasons aforerecorded FIR No. 631/2014 (PS. Uttam Nagar) and all the emanating proceedings thereof are quashed. 19.

The petition is disposed of in terms of the above. ASHUTOSH KUMAR, J JANUARY 08, 2016 ns