Ghan Shyam Sharma & Ors vs The State ( Nct Of Delhi) & Anr
2016 Latest Caselaw 1094 Del

*   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

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

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

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

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

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

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

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

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

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

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