Deepak & ORS v. State (Govt Of NCT) & ORS

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK & ORS ..... Petitioners Through: Mr.Dhananjay Kumar Singh, Advocate with petitioner No.1 in person.

versus STATE (GOVT OF NCT) & ORS ..... Respondents Through:

Mr.Ashish Aggarwal, A.S.C. for the State with SI Narender PS Vijay Vihar, Ms.Deepshika George, Advocate for the complainant.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 05.04.2016 Crl.M.A. No.5707/2016 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

WP(Crl.) 1109/2016 1.

The present writ petition has been filed by the Petitioners praying for quashing of FIR No.489/2012, under Sections 498-A/406/34 IPC, P.S. Vijay Vihar, Rohini, Delhi as well as the proceedings emanating therefrom, on the basis of settlement arrived at between the parties. 2.

Briefly stating the facts of the present case are that Respondent No.2 got married to Petitioner No.1 on 11.06.2009 according to Hindu rites and ceremonies. A baby girl was born out of the said wedlock. It is further mentioned in the petition that after some time, differences arose between the couple and respondent No.2 filed a 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, the parties have amicably settled their disputes before the Delhi High Court Mediation and Conciliation Centre, New Delhi.

3.

Petitioner No.1 and Respondent No.2/complainant are present in person with their respective counsel.

4.

In terms of full and final settlement arrived at between the parties, today learned counsel for the Petitioners has handed over to the Respondent balance amount of Rs.3,00,000/- (Rupees three lacs only) by way of Demand Drafts. Copy of settlement arrived at between the parties before Delhi High Court Mediation and Conciliation Centre, New Delhi been placed on record as Annexure B.

5.

Respondent No.2 is present in person and submits that she has settled the matter with the Petitioners before Delhi High Court Mediation and Conciliation Centre, New Delhi. Respondent No.2 further submits that she has no objection if the FIR in question is quashed qua the Petitioners. 6.

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 in the case of 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.

In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between 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."

7.

Learned counsel for the petitioners and complainant submit that after the matter in dispute has been amicably settled between the parties, no purpose would be served in prosecuting the petitioners, therefore the FIR in question and criminal proceedings emanating therefrom may be quashed. 8.

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. 9.

Accordingly, the petition is allowed and FIR No.489/2012, under Sections 498-A/406/34 IPC, P.S. Vijay Vihar, Rohini, Delhi and consequential proceedings arising therefrom are hereby quashed.

10. Since as per settlement arrived at between the parties Rs.2,00,000/- (Rupees Two lacs only) is to be converted to FDR within NCR of Delhi in the name of daughter of the parties, namely, Baby Aradhya Singh @ Chiku to be matured on her completing 18 years of age and the nominee of the FDR will be respondent No.2, the respondent No.2 is directed to abide by such condition of the settlement and place the copy of the FDR on record within four weeks.

11.

The parties shall abide by all the terms and conditions of the full and final settlement arrived at between the parties before Delhi High Court Mediation and Conciliation Centre, New Delhi. Order dasti.

PRATIBHA RANI, J.

APRIL 05, 2016 'st/da'