The main legal principle established is the importance of amicable settlement in matrimonial disputes and the cautious exercise of power under Section 482 of the Code for quashing non-compoundable offences based on settlement.

Suresh Kait, J.

CRL.M.C. 10/2015

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No. 47/97 registered at PS Shalimar Bagh, Delhi for the offences punishable under section 498-A/406 IPC and the consequential proceedings emanating therefrom against the petitioners on the ground that the matter has been amicably settled between the parties.

2. Learned Counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2, Smt. Raj Kaur, consequent upon certain matrimonial and domestic disputes arisen between the parties pursuant to her marriage on 21.05.1993 with the petitioner No.1 Harpal Singh. The chargesheet has been filed and the case is pending for trial. However, in the meantime, the parties have amicably settled their disputes vide Settlement Deed dated 19.12.2011, copy of which is placed on record, and accordingly, obtained a decree of divorce on 01.07.2015 by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955.

3. Learned Additional Public Prosecutor appearing on behalf of the State submits that the chargesheet has already been filed and the case is pending for trial. Since the matter pertains to domestic and matrimonial dispute, parties have amicably settled the matter, obtained divorce by mutual consent, therefore, looking to the overall circumstances, no useful purpose will be served in continuing the proceedings. Thus, the State has no objection if the present petition is allowed.

4. Respondent No. 2 is personally present in the Court and has been identified by SI Praveen Kumar, IO of the case. She submits that she has already taken divorce from the petitioner No.1 and has settled all the disputes with the petitioners. She has no other complaints against any of the petitioners and does not want to pursue the case further. Therefore, she has prayed that the present petition may be allowed.

5. Under the circumstances and looking to the decision of the Supreme Court in the case of Gian Singh Vs. State of Punjab and Another (2012) 10 SCC 303, wherein the Apex Court 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.”

6. While recognizing the need of amicable resolution of disputes in cases like the instant one, the aforesaid dictum has been affirmed by the Apex Court in a recent judgment in Narinder Singh & Ors. Vs. State of Punjab & Anr. 2014 6 SCC 466. The pertinent observations of the Apex Court 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