Delhi High Court - Orders
Rinku And Ors vs The State Nct Of Delhi Anr on 11 October, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2976/2023
RINKU AND ORS. ..... Petitioners
Through: Mr. Salim Alvi and Mr. Rahul Nahra,
Advocates along with Petitioners in person.
versus
THE STATE NCT OF DELHI ANR ..... Respondents
Through: Mr. Abhijeet Kumar, Advocate for
Ms. Rupali Bandhopadhya, ASC for State with SI
Radha Sharma, P.S. CWC/Nanak Pura.
Ms. Saumya Sharma, Advocate for R-2 along with
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 11.10.2023 CRL.M.A. 27735/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(CRL) 2976/2023
3. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.47/2019 dated 25.11.2019 under Sections 498A/406/ 354/34 IPC registered at PS: Crime (Women) Cell, Nanak Pura, Delhi including proceedings emanating therefrom.
4. Marriage between Petitioner No.1 and Respondent No.2 was solemnized on 18.02.2018 according to Hindu Rites and Ceremonies and out of the said wedlock no child was born. On account of disputes and differences arising between Petitioner No.1 and Respondent No. 2, a W.P.(CRL) 2976/2023 Page 1 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 09:31:16 complaint was filed by Respondent No. 2 against the Petitioners in CAW Cell, Nanakpura culminating into the present FIR in which charge sheet has been filed. Respondent No. 2 also filed a complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 (DV Act).
5. It is stated in the petition that parties have already resolved and settled all their disputes before the Mediation Centre, Saket Court and executed a Memorandum of Understanding dated 18.01.2023, copy of which is annexed as 'Annexure P-4' to the present petition. As per the terms of settlement, Petitioner No.1 and Respondent No.2 have obtained a Decree of Divorce by mutual consent and the marriage stands dissolved. Certified copy of judgment dated 02.06.2023 has been filed as 'Annexure P-5'. As per terms of settlement, Petitioner No.1 was to pay a total sum of Rs.4,50,000/- to Respondent No.2 in full and final settlement towards all her claims including maintenance, etc. in three equal instalments. First instalments of Rs.1,50,000/- was payable at the time of recording of statement in proceeding under Section 13B(1) of HMA while second instalment of the like amount was payable at the time of recording statements during Second Motion under Section 13B(2). The third and last instalment was payable at the time of quashing of the present FIR. The first two instalments stand paid and Respondent No. 2 has executed and signed an affidavit stating that she has no objection to the FIR being quashed and the affidavit is annexed as Annexure P-8 herein.
6. Issue notice.
7. Learned ASC accepts notice on behalf of the State.
8. Ms. Saumya Sharma, learned counsel accepts notice on behalf of Respondent No. 2.
W.P.(CRL) 2976/2023 Page 2 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 09:31:16
9. Petitioners and Respondent No.2 are present in Court and have been identified by their respective counsels as well as the Investigating Officer SI Radha Sharma, P.S. CWC/Nanak Pura. In furtherance of the settlement between the parties, a sum of Rs.1,50,000/- has been paid to Respondent No.2 vide Demand Draft No.816270 dated 20.09.2023 drawn on Punjab & Sind Bank, Baleni, Teh. & Distt. Baghpat - 250626. Photocopy of the same has been handed over and is taken on record.
10. Power of the Court to quash criminal proceedings on the basis of a settlement between the parties has been examined and delineated by the Supreme Court in a number of judgments. Emphasizing that the exercise of power under Section 482 Cr.P.C. would depend on the facts and circumstances of each case, the Supreme Court in Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303, held that albeit the inherent power is of wide plenitude with no statutory limitation but must be exercised in accordance with guidelines engrafted in such power viz.: to secure the ends of justice and to prevent abuse of process of any Court. The Supreme Court cautioned that heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. cannot be fittingly quashed, however, criminal cases having overwhelming and predominantly civil flavor stand on a different footing for the purposes of quashing, particularly, offences arising from commercial, civil disputes or those pertaining to matrimonial relationships etc. where the wrong is basically private or personal in nature and parties have resolved their entire dispute. The Supreme Court examined the power under Section 482 Cr.P.C. in the context of matrimonial disputes in Jitendra Raghuvanshi and Others v. Babita Raghuvanshi and Another, (2013) 4 SCC 58 and held that it is the W.P.(CRL) 2976/2023 Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 09:31:17 duty of the Courts to encourage genuine settlements of matrimonial disputes even if the offences are not compoundable, if the Court is satisfied that parties have settled the disputes amicably and without any pressure and taking into account facts and circumstances in a given case. It was also observed that if parties ponder over their defaults and terminate the disputes amicably by mutual agreement instead of fighting it out in Courts, in order to do complete justice in matrimonial matters, Courts should be less hesitant in exercising extraordinary jurisdiction.
11. The Supreme Court in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675, has observed that there is no doubt that the object of introducing Chapter XX-A containing Section 498A in IPC was to prevent torture to a woman by her husband and/or his relatives and is penal in nature, however, a hyper-technical view would be counter-productive and would act against interests of women in certain cases and would be against the object for which the provision was added as in a given case there is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling peacefully early in their lives. This is not the object of Chapter XX-A of IPC and therefore, the High Court, in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 Cr.P.C. does not limit or affect the powers under Section 482 Cr.P.C.
12. In view of the fact that parties have mutually and amicably settled all their disputes and Respondent No. 2, the Complainant does not want to prosecute the criminal proceedings, no useful purpose will be achieved in continuing the criminal proceedings emanating from the subject FIR as the chances of conviction are bleak and remote. It would be in the interest of W.P.(CRL) 2976/2023 Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 09:31:17 justice that the proceedings are terminated and peace and harmony is established between the parties. Accordingly, FIR No.47/2019 dated 25.11.2019 under Sections 498A/406/354/34 IPC registered at PS: Crime (Women) Cell, Nanak Pura, Delhi is quashed including all proceedings emanating therefrom.
13. Petition stands allowed and disposed of in the aforesaid terms.
JYOTI SINGH, J OCTOBER 11, 2023/kks/shivam W.P.(CRL) 2976/2023 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 09:31:17