Delhi High Court
Ghan Shyam Sharma & Ors vs The State ( Nct Of Delhi) & Anr on 12 February, 2016
Author: P.S.Teji
Bench: P.S.Teji
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4718/2015
Date of Decision : February 12th, 2016
GHAN SHYAM SHARMA & ORS ..... Petitioner
Through: Mr.Avadh Kaushik and Ms.Deepika
Raghav, Advs.
versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Mr.Panna Lal Sharma, APP.
Mr.Naresh Gupta and Mr.Surender
Nagpal, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE P.S.TEJI
P.S.TEJI, J.
1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Ghan Shyam Sharma, Smt. Mooli Devi, Sh. Anoop Kishore, Smt. Sunita, Sh. Nawal Kishore and Smt. Pushpa for quashing of FIR No.132/2006 dated 20.05.2006, under Sections 498A/406/34 IPC registered at Police Station Roop Nagar on the basis of the mediation report of the Delhi Mediation Centre, Rohini District Courts, New Delhi arrived at between the petitioner no.1 and respondent No.2, namely, Smt. Kavita Sharma on 06.10.2015.
2. Learned Additional Public Prosecutor for respondent-State Crl.M.C. 4718/2015 Page 1 of 11 submitted that the respondent No.2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by her counsel.
3. The factual matrix of the present case is that the marriage between the petitioner no.1 and respondent no.2 was solemnized on 21.01.2006. After marriage, the in-laws and the husband of the complainant started harassing the complainant for dowry. On 04.04.2006, the mother-in-law and the sister-in-law of the complainant ousted her from the matrimonial home. On 12.04.2006, the complainant along with her mother went to the matrimonial home of the complainant, where her mother-in-law, her brother-in-law and her husband confined them in a room and started beating them and threatened to kill them. All the articles given by the mother of the complainant to her were taken away by her mother-in-law.
Subsequently, respondent no.2 filed a complaint on 05.05.2006 before the CAW Cell, Delhi against the petitioners which resulted into registration of the FIR in question. The matter is under trail before the concerned Court. The petitioner no.1 then filed a criminal complaint bearing CC no. 113/01/2010 against the respondent no.2 and her Crl.M.C. 4718/2015 Page 2 of 11 relatives under Section 494/420/120-B IPC in which the respondent no.2 and her relatives have already been summoned by the Trial Court. On 01.10.2015, learned MM referred the petitioner no.1 and respondent no.2 to mediation centre where they resolved their issues.
4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the mediation report, it has been agreed between the parties that the marriage solemnized on 21.06.2006 between petitioner no.1 and respondent no.2 was void ab-intio, as the first marriage of respondent no.2 was already in subsistence. It is agreed that respondent no.2 undertakes that she has no dispute or grievance against neither the petitioner no.1 nor his family members, who are accused in the FIR in question. It is further agreed that respondent no.2 shall give her statement before the concerned Court and shall also appear before this Court for quashing of the FIR in question against all the petitioners. It is further agreed that after the quashing of the FIR in question, petitioner no.1 shall withdraw the present case from the Ld. Referral Court within one week thereafter. It is also agreed that the quashing petition shall be filed within four weeks from the date of this Crl.M.C. 4718/2015 Page 3 of 11 agreement/mediation report. It is also agreed that both the parties shall not claim any kind of past, present and/or future maintenance/charges and/or alimony etc. from each other in any manner whatsoever at any point of time in future. It is thereby agreed that in terms of the present settlement, there shall remain no dispute between the parties qua the present cause of action and that none of the parties shall file any civil or criminal proceedings against each other in future and that if any other case/petition/complaint etc. between the parties is pending in any Court or Authority, the same shall be withdrawn/got disposed of by the respective party. Respondent No.2 affirms the contents of the aforesaid settlement and of her affidavit dated 03.11.2015 supporting this petition. In the affidavit, the respondent no.2 has stated that she has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No.2 has been recorded in this regard in which she stated that she has entered into a compromise with the petitioners and has settled all the disputes with them. She further stated that she has no objection if the Crl.M.C. 4718/2015 Page 4 of 11 FIR in question is quashed.
5. In Gian Singh v. State of Punjab (2012) 10 SCC 303 Apex Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-
"61. 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 proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the 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 the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
6. The aforesaid dictum stands reiterated by the Apex Court in a recent judgment in Narinder Singh v. State of Punjab (2014) 6 SCC
466. The relevant observations of the Apex Court in Narinder Singh (Supra) 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 Crl.M.C. 4718/2015 Page 5 of 11 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.
7. The inherent powers of the High Court ought to be exercised to prevent the abuse of process of law and to secure the ends of justice. The respondent no.2 agrees to the quashing of the FIR in question without any threat or coercion or undue influence and has stated that Crl.M.C. 4718/2015 Page 6 of 11 the matter has been settled out of her own free will. As the matter has been settled and compromised amicably, so, there would be an extraordinary delay in the process of law if the legal proceedings between the parties are carried on. So, this Court is of the considered opinion that this is a fit case to invoke the jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law and to secure the ends of justice.
8. The incorporation of inherent power under Section 482 Cr.P.C. is meant to deal with the situation in the absence of express provision of law to secure the ends of justice such as, where the process is abused or misused; where the ends of justice cannot be secured; where the process of law is used for unjust or unlawful object; to avoid the causing of harassment to any person by using the provision of Cr.P.C. or to avoid the delay of the legal process in the delivery of justice. Whereas, the inherent power is not to be exercised to circumvent the express provisions of law.
9. It is settled law that the inherent power of the High Court under Section 482 Cr.P.C. should be used sparingly. The Hon'ble Apex Court in the case of State of Maharashtra through CBI v. Vikram Crl.M.C. 4718/2015 Page 7 of 11 Anatrai Doshi and Ors. MANU/SC/0842/2014 and in the case of Inder Singh Goswami v. State of Uttaranchal MANU/SC/0808/2009 has observed that powers under Section 482 Cr.P.C. must be exercised sparingly, carefully and with great caution. Only when the Court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the Court if such power is not exercised, Court would quash the proceedings.
10. It is a well settled law that where the High Court is convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquillity and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy. Non-compoundable offences are basically an obstruction in entering into compromise. In certain cases, the main offence is compoundable but the connected offences are not. In the case of B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC 675 the Hon'ble Apex Court observed that even though the provisions of Section 320 Cr.P.C. would not apply to such offences which are not Crl.M.C. 4718/2015 Page 8 of 11 compoundable, it did not limit or affect the powers under Section 482 Cr.P.C. The Hon'ble Apex Court laid down that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. In the nutshell, the Hon'ble Apex Court justified the exercise of powers under Section 482 Cr.P.C. to quash the proceedings to secure the ends of justice in view of the special facts and circumstances of the case, even where the offences were non- compoundable.
In the light of the aforesaid, this Court is of the view that notwithstanding the fact the offence under Section 498A IPC is a non- compoundable offence, there should be no impediment in quashing the FIR under this section, if the Court is otherwise satisfied that the facts and circumstances of the case so warrant.
11. The Courts in India are now normally taking the view that endeavour should be taken to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs such as, matrimonial disputes between the couple or/and between the wife and her in-laws. India being a vast country naturally has large number of Crl.M.C. 4718/2015 Page 9 of 11 married persons resulting into high numbers of matrimonial disputes due to differences in temperament, life-styles, opinions, thoughts etc. between such couples, due to which majority is coming to the Court to get redressal. In its 59th report, the Law Commission of India had emphasized that while dealing with disputes concerning the family, the Court ought to adopt an approach radically different from that adopted in ordinary civil proceedings and that it should make reasonable efforts at settlement before the commencement of the trial. Further it is also the constitutional mandate for speedy disposal of such disputes and to grant quick justice to the litigants. But, our Courts are already over burdened due to pendency of large number of cases because of which it becomes difficult for speedy disposal of matrimonial disputes alone. As the matrimonial disputes are mainly between the husband and the wife and personal matters are involved in such disputes, so, it requires conciliatory procedure to bring a settlement between them. Nowadays, mediation has played a very important role in settling the disputes, especially, matrimonial disputes and has yielded good results. The Court must exercise its inherent power under Section 482 Cr.P.C. to put an end to the Crl.M.C. 4718/2015 Page 10 of 11 matrimonial litigations at the earliest so that the parties can live peacefully.
12. Since the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between the parties, therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility and is a fit case for this Court to exercise its inherent jurisdiction.
13. In the facts and circumstances of this case, in view of statement made by the respondent No.2 and the compromise arrived at between the parties, the FIR in question warrants to be put to an end and proceedings emanating thereupon need to be quashed.
14. Accordingly, this petition is allowed and FIR No.132/2006 dated 20.05.2006, under Sections 498A/406/34 IPC registered at Police Station Roop Nagar the proceedings emanating therefrom are quashed against the petitioners.
15. This petition is accordingly disposed of.
(P.S.TEJI) JUDGE FEBRUARY 12, 2016/dd Crl.M.C. 4718/2015 Page 11 of 11