Vikrant Saluja & ORS v. The State (Govt Of N.C.T Of Delhi) & ANR
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIKRANT SALUJA & ORS ..... Petitioners Through:
versus THE STATE (GOVT OF N.C.T OF DELHI) & ANR ..... Respondents Through:
Ms.Nandita Rao, A.S.C. for the State Mr.G.C.Shukla, Advocate
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R
% 06.05.2016 Crl.M.A. No.7380/2014 (Condonation of Delay in re-filing) For the reasons given in the application, 30 days' delay in re-filing the writ petition is condoned.
The application stands disposed of.
Crl.M.A. No. 7379/2016 1.
Exemption allowed, subject to all just exceptions. 2.
Applications stand disposed of.
1.
The present writ petition has been filed by the Petitioners under Article 226 of Constitution of India read with Section 482 Cr.P.C.for quashing of FIR No.236/2014, under Sections 498-A/406/34 IPC, P.S. Mianwali Nagar, West District, Delhi.
2.
Brief facts of the present case are that Respondent No.2 got married to Petitioner No.1 on 26.10.2012 according to Hindu rites and ceremonies.
It is further mentioned in the petition that due to certain misunderstandings and differences, the Petitioner No.1 and Respondent No.2 could not live together and started living separately w.e.f 07.08.2013. The Respondent No.2 filed a criminal complaint against the Petitioners, on the basis of which FIR in question was registered. It is mentioned in the petition that during the pendency of above proceedings, a petition under Section 13-B(2) of the Hindu Marriage Act, 1955 for dissolution of marriage by Decree of Divorce by mutual consent was filed. It is submitted on behalf of the parties that divorce by mutual consent has already been taken place between petitioner No.1 and respondent No.2. During divorce proceedings the matter was amicably settled between the parties and in terms of full and final settlement arrived at between the parties, today learned counsel for the Petitioner has handed over to Respondent No.2 a sum of Rs.50,000/- vide Demand Draft No.082244 dated 10.03.2016 drawn on HDFC Bank. 3.
Respondent No.2 is present in person and submits that she has settled the matter with the Petitioners and in terms of said settlement, today she has received Rs.50,000/- from the Petitioners. Respondent No.2 further submits that she has no objection if the FIR in question is quashed qua the Petitioners.
4.
The FIR registered against the present Petitioners is for committing the offences punishable under Sections 498-A/406/34 IPC. Offence punishable under Section 498-A IPC is a non-compoundable offence. In the decision reported as Gian Singh v State of Punjab & Anr. 2012 (9) SCALE 257, the three Judges Bench of the Supreme Court dealing with the issue of quashing of FIR has observed as under:- "57. The position that emerges from the above discussion can be
summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.
However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences.
But the criminal cases having overwhelmingly and pre-dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute.
In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim.
and 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 affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding." 5.
In view of the legal position laid down in Gian Singh's case (Supra) and amicable settlement arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futile and wastage of precious time of the Court. 6.
Accordingly, the petition is allowed and FIR No.236/2014, under Sections 498-A/406/34 IPC, P.S. Mianwali Nagar, West District, Delhi and consequential proceedings arising therefrom are hereby quashed. The parties shall abide by the terms and conditions of the full and final settlement arrived at between the parties.
Order dasti.
PRATIBHA RANI, J.
MAY 06, 2016 'pg/da'