Bal Kishan Chauhan & Anr vs The State ( Govt Of Nct Of Delhi) & ...
2016 Latest Caselaw 868 Del

*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   CRL.M.C. 4802/2015
                                  Date of Decision : February 05th, 2016
    BAL KISHAN CHAUHAN & ANR                                 ..... Petitioner
                         Through        Mr.Md. Qamar, Adv.

                         versus

    THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent
                  Through   Mr.Vinod Diwakar, APP for the State
                            Mr.P.N. Malik, Adv. for R-2 with
                            respondent no.2 in person.
                            ASI Subhash Chand Pandey, PS Jagat
                            Puri.


           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, Shri Bal Kishan Chauhan and Smt. Madhu

Chauhan for quashing of FIR No.143/2013 dated 13.03.2013, under

Sections 323/354-A(I)/354-B/34 IPC registered at Police Station Jagat

Puri on the basis of the mediation report of the Delhi Mediation

Centre, Karkardooma Courts, Delhi arrived between Sh. Deepak

Chauhan and the respondent no.2, namely, Smt. Geetika on

23.12.2014.

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 in the FIR in question

by her counsel.

3. The factual matrix of this present case is that the marriage

between the respondent no.2 and Deepak Chauhan was solemnized in

the year 2010. After the marriage, complainant's in-laws started

beating her and her in-laws used to instigate her husband to beat her.

The father-in-law of the complainant used to make illicit moves

towards her. The activities of the father-in-law of the complainant

kept on increasing day by day and on the refusal of the complainant,

on instigation of the father-in-law, the mother-in-law and the husband

of the complainant used to beat her. The father-in-law used to

sometimes touch the complainant on her waist, breast, cheek etc. In

the meanwhile, the complainant gave birth to a female child. On

telling the mother-in-law and husband about her father-in-law's

activities, she used to be beaten up. After that, the complainant was

thrown out of the house and was given a rented accommodation and

all her dowry articles were retained by her in-laws. Finally on

11.03.2013, the complainant along with her child went to her

matrimonial home to know the whereabouts of her husband on which

her in-laws started beating her. The father-in-law tore apart her

clothes on which she received some bruises on her breast. Thereafter,

the complainant lodged the FIR in question against the

petitioners/accused persons.

The petitioners got anticipatory bail in the present matter by the

Ld. Sessions Judge vide order dated 16.03.2013. Thereafter, the

respondent no.2 lodged a complaint in CAW Cell, Delhi against her

in-laws and also filed a case under Section 125 Cr.P.C. as well as an

application under Section 12 D.V. Act. On the basis of the complaint

lodged by the complainant/respondent no.2, an FIR No. 85/2014 dated

11.02.2014, PS Jagat Puri under Sections 498A/406/34 IPC was

registered against the petitioners. Deepak Chauhan also filed a divorce

case against the respondent no.2. During the pendency of the said

cases, the parties were referred to the mediation cell where the parties

arrived at an amicable settlement with each other.

4. Respondent No.2, present in the Court, submitted that the

dispute between the parties has been amicably resolved. As per the

mediation report, the parties, i.e. respondent no. 2 and Sh. Deepak

Chauhan have agreed to take divorce by way of mutual consent. It is

also agreed that husband of respondent no.2/Deepak Chauhan shall

make a payment of a sum of Rs.3.50 Lacs towards full and final

settlement against istridhan and dowry, maintenance, towards past

present and future qua this marriage in three installments. It is agreed

between the parties that Deepak Chauhan and his family members

shall move appropriate petitions for quashing of both the FIRs i.e. FIR

in question and FIR No. 85/14, PS Jagat Puri under Section

498A/406/34 IPC before this Court and the respondent no.2 shall

cooperate by giving her statement and furnishing the required

documents. It is further agreed between the parties that the custody of

the minor child Baby Mahima Chauhan shall continue to remain with

the father/Deepak Chauhan and the respondent no.2 shall not claim

visitation rights of the child. The respondent no.2 further agreed to

withdraw her petition under Section 125 Cr.P.C. within a week of

obtaining decree of divorce by mutual consent. Similarly, the

husband/Deepak Chauhan shall withdraw the divorce petition on the

date fixed i.e. 11.02.2015. Respondent No.2 affirms the contents of

the aforesaid settlement and of her affidavit dated 20.11.2015

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 agreed to the quashing of the FIR in question 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 that the offences under Sections 354-

A(I)/354-B IPC are non-compoundable offences, there should be no

impediment in quashing the FIR under these sections, if the Court is

otherwise satisfied that the facts and circumstances of the case so

warrant.

11. In the facts and circumstances of this case and in view of

statement made by the respondent No.2, the FIR in question warrants

to be put to an end and proceedings emanating thereupon need to be

quashed.

12. Accordingly, this petition is allowed and FIR No.143/2013

dated 13.03.2013, under Sections 323/354-A(I)/354-B/34 IPC

registered at Police Station Jagat Puri and the proceedings emanating

therefrom are quashed against the petitioners.

13. This petition is accordingly disposed of.

(P.S.TEJI) JUDGE FEBRUARY 05, 2016 dd