Mohd. Imtiyaz Khan vs State & Anr
2016 Latest Caselaw 4847 Del

*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   CRL.M.C. 2114/2016
                             Date of Decision: July 27th, 2016
    MOHD. IMTIYAZ KHAN                           ..... Petitioner
                    Through:  Mr. Rajat Srivastav, Advocate
                    versus
    STATE & ANR                                  ..... Respondent
                    Through: Mr. Izhar Ahmad, Additional Public
                             Prosecutor for the State with Sub-
                             Inspector Babu Lal, Police Station
                             Jamia Nagar, Delhi
        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 petitioner, namely, Sh. Mohd. Imtiyaz Khan for quashing of FIR No.53/2012 dated 14.01.2012, under Sections 498-A/406/34 IPC registered at Police Station Jamia Nagar on the basis of the Mediation Report of Mediation Centre, Saket Courts, Delhi in view of the settlement arrived at between the petitioner and respondent no.2, namely, Smt. Farah Islam on 15.02.2016.

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 SI Babu Lal.

3. The factual matrix of the present case is that the marriage was solemnized between the petitioner and respondent no.2 on 25.04.2005 as per Muslim rites and ceremonies. Out of the said wedlock a son and a daughter were born. A week after the marriage, the in-laws of the

complainant started to abuse her in filthy language, demanding a flat in Delhi. The complainant's in-laws threatened her that they would not accept her as their daughter-in-law until she purchased a flat for them in Delhi. The father and brother of the complainant took a loan of Rs.60,000/- from Janta Cooperative Bank for the husband of the complainant, which he complainant did not pay back and instead, absconded from his house. The loan had to be repaid by the parents of the complainant. The husband and in-laws of the complainant continued to torture her and later, the complainant's husband left her company.

Thereafter, the complainant got lodged the complaint following which the FIR in question was registered against the petitioner. During the pendency of the proceedings, the matter was settled between the accused persons and respondent no.2.

4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the terms of the Mediation Report, it is agreed that the parties shall dissolve their marriage according to their customs. It is agreed that the petitioner shall pay a sum of Rs. 1.2 Lacs to respondent no.2 in full and final settlement towards all her claims arising out of the marriage between them including maintenance (past, present and future), permanent alimony, istridhan/mehar. It is also agreed that the petitioner shall pay the full amount of Rs. 1.2 Lacs before 15.03.2016 and quashing of the FIR in question shall be filed by the petitioner on or before 18.03.2016 and the expenses of the same shall also be borne by the petitioner. It is also agreed that permanent custody of the

children shall remain with the respondent no.2 and the petitioner shall not claim any visitation rights. It is also agreed that respondent no.2 shall withdraw all the petitions from the Court concerned on the date fixed and that she shall not pursue the same in the future. It is agreed that the petitioner shall increase the maintenance amount from Rs.1000/- to Rs. 1500/- per month for each child along with arrears with effect from 01.02.2016 to respondent no.2. It is agreed between the parties that respondent no.2 shall cooperate in signing of documents for quashing of FIR in question. It is further agreed that after receiving the settlement amount of Rs. 1.2 Lacs from the petitioner, nothing shall remain due between the parties with regard to their marriage and respondent no.2 shall not claim right over the property of the petitioner in future. It is also agreed that she shall withdraw the complaint under Section 12 of D.V. Act filed by her against the petitioner from the Court concerned. Respondent No.2 affirmed the contents of the aforesaid settlement and of her affidavit dated 15.03.2016 supporting this petition. In the affidavit, she 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 petitioner 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 petitioner and has settled all the disputes with him. 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 tranquility 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.53/2012 dated 14.01.2012, under Sections 498-A/406/34 IPC registered at Police Station Jamia Nagar and the proceedings emanating therefrom are quashed against the petitioner.

15. This petition is accordingly disposed of.

(P.S.TEJI) JUDGE JULY 27, 2016 dd