Delhi High Court
Bushra & Ors. vs The State Govt. Of Nct Of Delhi And Anr. & ... on 22 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~65 & 74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.03.2024
+ CRL.M.C. 2391/2024
B & ORS ..... Petitioners
Through: Mr.Omkar Sharma, Advocate with
Petitioners-in-person.
versus
THE STATE GOVT. OF NCT OF DELHI & ANR..... Respondents
Through: Ms.Kiran Bairwa, APP for the State
with SI Harish Kumar, PS Chandni
Mahal.
Mr.Abhishek, Advocate with
respondent No.2-in-person.
+ CRL.M.C. 2054/2024
MOHD.T ALIAS T & ORS. ..... Petitioners
Through: Mr.Abhishek, Advocate with
Petitioner-in-person.
versus
THE STATE NCT OF DELHI & ANR. .... Respondents
Through: Ms.Kiran Bairwa, APP for the State
with SI Harish Kumar, PS Chandni
Mahal.
Mr.Omkar Sharma, Advocate with
respondent No.2-in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 9165/2024 in CRL.M.C. 2391/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 2391/2024 & CRL.M.C. 2054/2024
1. (i) CRL.M.C. 2391/2024 under Section 482 of the Code of
Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the
petitioners for quashing of FIR No. 250/2020, under Sections
323/341/354/452/509/34 IPC, registered at P.S.: Chandni Mahal and
proceedings emanating therefrom.
(ii) CRL.M.C. 2054/2024 under Section 482 Cr.P.C. has been
preferred on behalf of the petitioners for quashing of FIR No. 251/2020,
under Sections 323/341/354/509/34 IPC, registered at P.S.: Chandni Mahal
and proceedings emanating therefrom.
2. Issue notice in CRL. M.C. 2391/2024. Learned APP for the State and
learned counsel for respondent No.2 alongwith respondent No.2 in person
appear on advance notice and accept notice. Notice already stands issued in
CRL.M.C. 2054/2024.
3. In brief, as per the case of the petitioners, in CRL. M.C. 2391/2024
respondent No.2 who is the sister-in-law of petitioner No.1 (Ms. 'B' w/o 'T')
lodged FIR No. 250/2020 against petitioner No. 1 (Ms. 'B') and her family
members (Petitioner Nos. 2 to 5) on account of matrimonial differences. In
CRL.M.C. 2054/2024, FIR No. 251/2020 was registered as a counter by Ms.
'B' against her husband 'T' and his family members arising out of same
incident. Another FIR No. 45/2021, under Sections 498A/406/34 IPC was
also registered at the instance of Ms. 'B' against her husband 'T', which has
been separately quashed today vide order dated 22.03.2024 in CRL.M.C.
152/2024.
4. Learned counsel for the petitioners as well as respondents submit that
both cases arise out of the same incident leading to the registration of cross
FIRs. The disputes between the parties, are stated to have been amicably
resolved vide Settlement Deed dated 18.09.2023 and both Ms. 'B' and 'T'
have been residing together thereafter.
5. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIRs in question
are quashed.
6. Parties are present in person and have been identified by SI Harish
Kumar, P.S.: Chandni Mahal. I have interacted with them and they confirm
that the matter has been amicably settled between them without any threat,
pressure or coercion and nothing remains to be further adjudicated upon
between them. They have no objection in case the FIRs in question are
quashed.
7. Petitioners in the present case seek to invoke the powers under Section
482 of Code of Criminal Procedure. The same is to be used to secure the
ends of justice or to prevent the abuse of process of any Court. In which
cases, the power to quash the criminal proceedings or the complaint or FIR
may be used when the offender as well as victim have settled their dispute,
would depend upon the facts and circumstances of each case and no
generalised list or categories can be prescribed. However, the Court is
required to give due regard to the nature and gravity of the offence and
consider the impact on the society.
8. Considering the facts and circumstances, since the FIRs arise out of
matrimonial disputes which have been amicably settled between the parties,
no useful purpose shall be served by keeping the case pending. Continuation
of proceedings would be nothing but an abuse of the process of Court.
Consequently, FIR No. 250/2020, under Sections 323/341/354/452/509/34
IPC, registered at P.S.: Chandni Mahal and FIR No. 251/2020, under
Sections 323/341/354/509/34 IPC, registered at P.S.: Chandni Mahal and the
proceedings emanating therefrom stand quashed.
Petitions are accordingly disposed of. Pending applications, if any,
also stand disposed of.
A copy of this order be forwarded to learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
MARCH 22, 2024/v
