Ms Mamta & Ors vs State & Anr
2014 Latest Caselaw 5070 Del

$~21
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CRL.M.C. 4641/2014

        MS MAMTA & ORS                                       ..... Petitioners
                    Through:             Mr. Pradeep Tyagi, Advocate with
                                         petitioners in person

                           versus

        STATE & ANR                                        ..... Respondents
                           Through:      Mr. P.K. Mishra, APP for State with
                                         SI Raj Kumar, CAW Cell
                                         Mr. Devki Nandan, Adv. for
                                         R-2/Complainant with R-2 in person
        CORAM:
        HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

% SUDERSHAN KUMAR MISRA, J. (ORAL)

CRL.M.A. 15848/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off.

CRL.M.C. 4641/2014 This petition has been moved under Section 482 Cr.P.C. seeking quashing of FIR No. 23/03 registered under Section 498A/406/34 on 27.01.2003 at Police Station Gokulpuri on the ground that the matter had been settled between the parties.

Issue notice.

Counsel for the State, as well as counsel for the second respondent/complainant, Smt. Shashi, enter appearance and accept notice. All the petitioners, as well as the complainant/second respondent, are present in person and are identified by the Investigating Officer Sub- Inspector Raj Kumar.

It is stated that the aforesaid FIR came to be registered at the instance of the second respondent/complainant alleging certain matrimonial and domestic disputes that had arisen between the parties consequent upon her marriage to Shri Sanjeev Sharma on 09.12.1998. A son namely Shashank Sharma @ Hunny was born to the complainant and Shri Sanjeev Sharma on 22.12.2009. Apparently, the complainant's husband Shri Sanjeev Sharma died on 29.01.2013. A copy of the death certificate issued by the Government of U.P. on 07.02.2013 has also been handed over at the bar, which is taken on record. Counsel for the State also affirms this fact.

After filing of the chargesheet during the course of trial, the matter is stated to have been referred by the learned Metropolitan Magistrate to the Delhi Mediation Centre, Karkardooma Courts for exploring the possibility of amicable settlement. Ultimately, on 30.08.2014, a settlement was recorded between the parties before the said Mediation Centre. A copy of the settlement arrived at between the parties has also been annexed to this petition.

It is stated that in terms of the said settlement, the petitioners have agreed to pay a sum of Rs. 50,000/- in all in the name of the minor son of the complainant, Shashank Sharma, in full and final settlement. The complainant, who is present in person also affirms the aforesaid settlement and states that the proceedings be closed and that she is no longer interested in proceeding with the matter after receipt of the aforesaid amount of Rs. 50,000/- by way of a Demand Draft dated 30.09.2014 bearing No. 520807 drawn on Punjab National Bank, which has been handed over to her in Court today.

Counsel for the State also states that looking to the overall

circumstances, and since this is a matter that arose largely out of matrimonial disputes and differences where the husband of the complainant has since expired and the parties have arrived at an amicable settlement, no useful purpose would be served in continuing with the proceedings where the complainant is no longer interested in supporting the prosecution.

Looking to the decisions of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, which has referred to a number of matters for the proposition that even a non-compoundable offence can also be quashed on the ground of a settlement agreement between the offender and the victim, if the circumstances so warrant; by observing as under:

"58. ....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 convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated."

And also in Narinder Singh and Ors. v. State of Punjab and Anr.

2014(2) Crimes 67 (SC) where the Supreme Court held as follows:-

"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 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 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. 29.4 On the other hand, 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. 29.5 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.

29.6 Offences under Section 307 Indian Penal Code would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 Indian Penal Code in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307Indian Penal Code is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 Indian Penal Code. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the later case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship.

29.7 While deciding whether to exercise its power under Section 482 of the Code or not, timings of

settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under Section 307 Indian Penal Code is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 Indian Penal Code and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime."

And specifically in respect of matrimonial disputes in Jitendra Raghuvanshi & Ors. v. Babita Raghuvanshi & Anr. (2013) 4 SCC 58, where the Supreme Court held as follows:-

"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 settle down 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 be an abuse of process of court or that the ends of justice require that the proceedings ought to be quashed...."

I am of the opinion that the matter deserves to be given a quietus where the parties have amicably settled the disputes and the complainant is no longer interested in supporting the prosecution thereby diminishing its chances of success.

Consequently, FIR No. 23/03 registered under Section 498A/406/34 on 27.01.2003 at Police Station Gokulpuri, and all the proceedings emanating therefrom are hereby quashed.

SUDERSHAN KUMAR MISRA, J.

OCTOBER 13, 2014/rd