Devesh Sharma & ORS. v. State & ANR.
$~15 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2002/2017 DEVESH SHARMA & ORS.
..... Petitioners Through Petitioners in person with Mr. Sunil Tiwari, Adv.
versus STATE & ANR.
..... Respondents Through Mr. Ashok Kumar Garg, Adl. PP for State with SI Satish Kumar, PS Aman Vihar.
Respondent no.2 in person with Ms. Preeti Mittal, Adv.
CORAM:
HON'BLE MR. JUSTICE A.K. CHAWLA
O R D E R
% 18.05.2017 CRl. M.A. 8253/2017 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.
Crl. M.C. 2002/2017 By petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No. 702/2015 under Sections 498A/406/34 IPC PS Aman Vihar.
IO SI Satish Kumar present before the Court, identifies the petitioners as also the respondent no.2.
Subject FIR is the outcome of the matrimonial dispute amongst the respondent no.2 and the petitioners. Investigations are still under way. Parties have however arrived at a compromise/settlement. It is jointly stated that in pursuance of the compromise/settlement arrived at, the complainant-respondent no.2 and the petitioner no.1 have
already been granted Decree of Divorce on 29.4.2017, a copy whereof is placed at page 39. It is stated that as per the compromise/settlement arrived at, all the cases/litigations pending against the parties have already been withdrawn, but, for the subject FIR. The parties jointly pray for quashing of the FIR. The FIR, subject matter of the instant petition, is the off-shoot of a matrimonial dispute, which is of a private nature.
All other disputes have been resolved/settled, the subsistence of the FIR and the emanating proceedings is not likely to bear any fruits and in all likelihood, would be a futile exercise. In Criminal Appeal No. 686/2014 titled Narinder Singh & Ors. vs. State of Punjab & Anr., decided on 27th March, 2014, Hon'ble Supreme Court set down the principles for exercise of power under Section 482 Cr.P.C., in the following words : "31. 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:
(I) 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.
(II)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. (III) Such a power is not 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 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.
(IV) On the other, those criminal cases having overwhelmingly and pre-dominantly 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. (V) 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. .........................................................................................................."
Keeping in view the ratio of the judgment (supra) and totality of the facts and circumstances, I am satisfied that ends of justice would be met, if, the subject FIR no. 702/2015, PS Aman Vihar, is quashed, alongwith the consequential proceedings emanating therefrom. It is Ordered accordingly. Petition stands disposed off. A.K.