Delhi High Court - Orders
Rahul Nagar vs State Govt Of Nct Of Delhi & Anr on 16 December, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3305/2021
RAHUL NAGAR ..... Petitioner
Through: Mr.Bheem Sharma, Advocate
versus
STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through:
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 16.12.2021 Crl.M.A. No. 20228/2021 Exemption allowed, subject to just exceptions.
CrlM.C. No. 3305/2021The petitioner, vide the present petition has sought the quashing of the FIR No. 214/2017 Police Station Sangam Vihar registered under Sections 323/377/498A/406/506/34 of the Indian Penal Code, 1860. It has been submitted on behalf of the petitioner that a reconciliation has been effected between the petitioner and the respondent No.2 vide a settlement deed dated 13.9.2021 executed between the petitioner and the respondent No.2 and that the respondent No.2 and the petitioner have been living together since 1.6.2021 along with their daughter aged 4 years and that no purpose would be served by the continuation of the proceedings qua the FIR. The deputed Investigating Officer of the case is present and has identified the petitioner as being the sole accused, present in the Court today, now facing trial in relation to FIR No. 214/2017 Police Station Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.12.2021 17:41:03 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Sangam Vihar registered under Sections 323/377/498A/406/506/34 of the Indian Penal Code, 1860and he has also identified the respondent no.2, present in the Court today, as being the complainant of the said FIR. It is further submitted by the Investigating Officer and also borne out through the copy of the order dated 16.5.2018 of the learned Metropolitan Magistrate, Mahila Court,-02, South Saket that the other co-accused in the matter, namely, Kamla, Johari Nagar, Manoj Nagar and Lata have since been discharged qua the alleged commission of offences punishable under Sections 323/498A/406/506/34 of the Indian Penal Code, 1860 and the said order also indicates that the petitioner was also discharged qua the alleged commission of offence punishable under Section 406 of the Indian Penal Code, 1860.
The respondent no.2 in her deposition on oath by the Court in replies to specific Court queries has affirmed having signed the compromise deed dated 13.9.2021 voluntarily of her own accord without any duress, pressure or coercion from any quarter. The respondent No.2 has further stated that since 1.6.2021 she has been living with the petitioner and the minor child aged 4 years and wants to continue to live with the petitioner and that she has no problems now and thus she does not oppose the prayer made by the petitioner seeking the quashing of the FIR No. 214/2017 Police Station Sangam Vihar registered under Sections 323/377/498A/406/506/34 of the Indian Penal Code, 1860 nor does she want the petitioner to be punished in relation thereto. She further stated that she has studied till standard XIIth and that she has understood the implications of making the statement and that she has made her statement voluntarily of her own accord without any duress, pressure or coercion from any quarter. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.12.2021 17:41:03 This file is digitally signed by PS to HMJ ANU MALHOTRA.
On behalf of the State, there is no opposition to the prayer made by the petitioner seeking the quashing of the FIR in question in view of the settlement arrived at between the parties and the deposition made by the respondent no.2.
In view of the factum that the FIR has apparently emanated from a matrimonial discord between the parties which has since been resolved by the reconciliation between the petitioner and the respondent no.2 qua the offences punishable under Section 323/377/498A/506/34 of the Indian Penal Code, 1860 and there being a 4 year old child from the wedlock between them and that the parties are now living together, for maintenance of peace and harmony between the parties and for the well being of the minor child born of the wedlock between the petitioner and the respondent no.2, it is considered appropriate to put a quietus to the litigation between the parties in terms of the verdict of the Hon'ble Supreme Court in Narender Singh &Ors. V. State of Punjab; (2014) 6 SCC 466 wherein it has been observed vide paragraph 31(IV) to the effect:-
"31. In view of the aforesaid discussion, we sum up andlay 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) ........
(II) ........
(III) ........ (IV) On the other, those criminal cases having overwhelmingly and pre-dominantly civil character, Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.12.2021 17:41:03 This file is digitally signed by PS to HMJ ANU MALHOTRA.
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. ..................."
and in view of the observations of the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Another, (2012) 10 SCC 303, to the effect : -
"58............................ No doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without the permission of the court. In respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.12.2021 17:41:03 This file is digitally signed by PS to HMJ ANU MALHOTRA.
convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard-and-fast category can be prescribed." [Refer to B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677 and Manoj Sharma, (2008) 16 SCC 1.]"
and in view of the verdict of the Hon'ble Supreme Court in Jitendra Raghuvanshi &Ors. Vs. Babita Raghuvanshi &Anr. (2013) 4 SCC 58, to the effect : -
"15. In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.
16. There has been an outburst of matrimonial disputes in recent times. They institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settled own in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising their extraordinary jurisdiction. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the Court is convinced, on the basis of material on record, that allowing the proceedings to continue would Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.12.2021 17:41:03 This file is digitally signed by PS to HMJ ANU MALHOTRA.
be an abuse of process of court or that the ends of justice require that the proceedings ought to be quashed...."
(emphasis supplied), In view thereof, FIR No. 214/2017 Police Station Sangam Vihar registered under Sections 323/377/498A/506/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom against the petitioner are thus quashed.
The petition is disposed of accordingly.
ANU MALHOTRA, J DECEMBER 16, 2021/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.12.2021 17:41:03 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 40 CRL.M.C. 3305/2021 RAHUL NAGAR V.. STATE GOVT OF NCT OF DELHI & ANR 16.12.2021 CW-1 SI PRINCE KUMAR Police Station SANGAM VIHAR I am the deputed Investigating Officer in relation to FIR No. 214/2017 Police Station Sangam Vihar registered under Sections 323/377/498A/406/506/34 of the Indian Penal Code, 1860. I identify the petitioner Rahul Nagar, present in the Court today, as being the sole accused now facing trial in relation to FIR No. 214/2017 Police Station Sangam Vihar registered under Sections 323/377/498A/506/34 of the Indian Penal Code, 1860 . The other co-accused, namely, Kamla Devi, Johari Nagar, Manoj Nagar and Lata were discharged vide order dated 16.05.2018 of the learned trial Court.
I also identify the respondent no.2 Smt.Aarti, present in the Court today, as being the complainant of the said FIR.
ANU MALHOTRA, J RO & AC 16.12.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.12.2021 17:41:03 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 40 CRL.M.C. 3305/2021 RAHUL NAGAR V.. STATE GOVT OF NCT OF DELHI & ANR 16.12.2021 CW-2 MS.AARTI W/O RAHUL NAGAR, AGED 28 YEARS R/O H.No. 201, G-9, SANGAM VIHAR, NEW DELHI. On S.A. The compromise/settlement deed dated 13.9.2021 executed between me and the petitioner bears my signatures thereon, which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter.
In view of the settlement arrived at between me and the petitioner, I and the petitioner have been living together since 1.6.2021 along with our daughter aged 4 years and I want to continue to live with the petitioner. There are now no problems between me and the petitioner. In view thereof, I do not oppose the prayer made by the petitioner seeking quashing of the FIR No. 214/2017 Police Station Sangam Vihar registered under Sections 323/377/498A/406/506/34 of the Indian Penal Code, 1860 nor do I want the petitioner to be punished in relation thereto.
I have studied till standard XII. I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC 16.12.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.12.2021 17:41:03 This file is digitally signed by PS to HMJ ANU MALHOTRA.