2016 Supreme(Del) 610
IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
M M PRADEEP - Petitioner
Versus
NCT OF DELHI & ANR - Respondent
CRL.M.C. 4437/2015
Decided on : 05.2.2016
Advocate Appeared:
Mr.Vinod Pant, Adv.
Mr.G.M.Farooqui, APP. Mr.S.P.Sharma, Adv.for R-2.
The main legal point established in the judgment is the recognition of the need for amicable resolution of disputes in cases involving matrimonial and family matters, and the court's invocation of its inherent power under Section 482 Cr.P.C. to prevent the abuse of process of law and to secure the ends of justice.
Headnote:
Section 482 Cr.P.C. - Quashing of FIR - 498A/406 IPC - Summary of Acts and Sections: Section 482 Cr.P.C., Section 498A IPC, Section 406 IPC - The court discussed the need for amicable resolution of disputes in cases like the present one, as recognized in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab. The court emphasized the principles guiding the exercise of power under Section 482 of the Code, particularly in cases involving matrimonial disputes and family matters. The court invoked its inherent power under Section 482 Cr.P.C. to prevent the abuse of process of law and to secure the ends of justice, ultimately quashing the FIR in question.
Fact of the Case:
The petitioner filed a petition under Section 482 Cr.P.C. seeking to quash FIR No.102/2012 dated 31.07.2012, under Sections 498A/406 IPC. The parties had settled their disputes amicably before the Counselling Cell, Tis Hazari Courts, Delhi.
Finding of the Court:
The court found that the parties had amicably resolved their disputes, and the respondent No.2 affirmed the settlement, expressing no objection to quashing the FIR. Citing Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, the court invoked its inherent power under Section 482 Cr.P.C. to quash the proceedings, emphasizing the need for amicable resolution of disputes in cases involving matrimonial and family matters.
Issues: The issues involved the quashing of FIR No.102/2012 dated 31.07.2012, under Sections 498A/406 IPC, and the settlement of disputes between the parties.
Ratio Decidendi: The court's decision was based on the recognition of the need for amicable resolution of disputes in cases like the present one, as emphasized in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab. The court invoked its inherent power under Section 482 Cr.P.C. to prevent the abuse of process of law and to secure the ends of justice, ultimately quashing the FIR in question.
Final Decision: The petition was allowed, and FIR No.102/2012 dated 31.07.2012, under Sections 498A/406 IPC, and the proceedings emanating therefrom were quashed against the petitioner.
P.S.TEJI, J.
1. The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. M.M. Pradeep for quashing of FIR No.102/2012 dated 31.07.2012, under Sections 498A/406 IPC registered at Police Station Crime (Women) Cell on the basis of the report of the Counseling Cell, Family Courts, Tis Hazari Court, Delhi between the petitioner and respondent No.2, namely, Smt. Asha Sasi 20.12.2014.
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 of the FIR in question by her counsel.
3. The factual matrix of the present case is that the marriage between petitioner no.1 and respondent no.2 was solemnized on 04.04.2004 according to the Hindu rites and ceremonies. After a few days of marriage the husband of the complainant/respondent no.2 started beating her under the influence of liquor and used to ask her to give him all the gold and cash which her parents had given to her in marriage. She gave him all the money and gold which he unnecessarily spent in discharge of his debt and for eating and drinking etc. The parents of the complainant intervened and negotiated the matter and gave Rs. 1.5 lacs to her husband for purchasing a house. With the said amount, the husband of the complainant got financed a floor in Mehrauli in December 2005. The complainant then gave birth to a son. After some months, the husband of the complainant started making unnatural physical relations with the complainant. When she refused to the same, he used to hit her. During the said period, the husband of the complainant was also having physical relations with a girl, namely, Mamta. In the month of January, 2009 the husband of the complainant gave a leg blow to her in her stomach due to which she was hospitalized for 3 months. After some time in May 2011 the husband of the complainant sold their house in Mehrauli for an amount of Rs. 14 lacs which he used in discharge of his debt and for eating and drinking etc. Later on, he demanded Rs. 2 lacs from her parents for purchasing a house on which a scuffle took place between the complainant and her husband and he injured the complainant in the face with his nail and also bit her right hand and tried to kill her with a knife. On 21.12.2011, the mother of the complainant took the complainant to her place. Thereafter, the complainant/respondent no.2 lodged the FIR in question.
Later on, both the parties settled their disputes amicably before the Counselling Cell, Tis Hazari Courts, Delhi.
4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the settlement, it has been agreed between the parties that petitioner shall pay Rs. 1,20,000/-as full and final settlement against stridhan and dowry, maintenance towards past, present and future qua this marriage and nothing remains due qua this marriage in three installments. It has been agreed between the parties that they shall seek divorce by mutual consent and the first motion petition shall be filed on or before 09.01.2014 and second motion shall be filed soon after the expiry of 6 months from the order under Section 13 B(1) H.M.A. The minor child so born out of the wedlock already living with respondent no.2 shall remain in the custody of respondent no.2 and petitioner shall have the right to visitation on every fourth Sunday of the month at some public place at the convenience of both the parties. It is further agreed between the parties that the respondent no.2 will withdraw the cases pending in the Court of Sh. Brijesh Sethi, Ld. Principal Judge, Family Court West, Tis Hazari Courts, Delhi. Respondent No.2 affirms the contents of the aforesaid settlement and of her affidavit dated 05.10.2015 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 an