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2016 Supreme(Del) 1460

IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S.TEJI, J
PARVEEN SONI & ORS - Petitioner
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR – Respondent
CRL.M.C. 4398/2015 & Crl.M.A. No. 3773/2016
Decided On : 21-03-2016

Advocates Appeared:
Mr.Jugal Bagga, Adv. with petitioner in person.
Ms.Manjeet Arya, APP with SI Uma Datt, PS Mangolpuri. Mr.Atin Chadha, Adv.

Headnote:

Section 482 Cr.P.C. - Quashing of FIR - 498A/406/34 IPC - [Gian Singh v. State of Punjab (2012) 10 SCC 303, Narinder Singh v. State of Punjab (2014) 6 SCC 466] - The court invoked its inherent power under Section 482 Cr.P.C. to quash the FIR under Section 498A IPC as the matter had been settled and compromised amicably, and continuing the proceedings would be an exercise in futility. The court referred to the need for amicable resolution of disputes in matrimonial cases and the principles laid down in Gian Singh and Narinder Singh cases to justify the quashing of the proceedings.

Fact of the Case:

The petitioners filed a petition under Section 482 Cr.P.C. seeking to quash FIR No. 457/2013 dated 23.07.2013, under Sections 498A/406/34 IPC, as the matter had been amicably settled between the parties.

Finding of the Court:

The court found that the matter had been settled and compromised amicably between the parties, and continuing the proceedings would be an exercise in futility.

Issues: The main issue was whether the court should exercise its inherent power under Section 482 Cr.P.C. to quash the FIR under Section 498A IPC, considering the amicable settlement between the parties.

Ratio Decidendi: The court invoked its inherent power under Section 482 Cr.P.C. to quash the FIR under Section 498A IPC as the matter had been settled and compromised amicably, and continuing the proceedings would be an exercise in futility. The court referred to the need for amicable resolution of disputes in matrimonial cases and the principles laid down in Gian Singh and Narinder Singh cases to justify the quashing of the proceedings.

Final Decision: The petition was allowed, and FIR No. 457/2013 dated 23.07.2013, under Sections 498A/406/34 IPC, and the proceedings emanating therefrom were quashed against the petitioners.

JUDGMENT :

P.S.TEJI, J.

1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Parveen Soni, Sh. Gopal Soni, Smt. Sumitra Soni, Sh. Ashish Soni, Sh. Amit Soni and Smt. Anju Verma for quashing of FIR No. 457/2013 dated 23.07.2013, under Sections 498A/406/34 IPC registered at Police Station Mangolpuri on the basis of the settlement arrived at between petitioner no.1 and respondent No.2, namely, Ms. Suman Soni @ Rekha.

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 the petitioner no.1 and the respondent no.2 was solemnized on 19.04.2007 according to Hindu rites and ceremonies. All the accused persons after the marriage, started demanding more dowry from the complainant. The husband of the complainant asked her to bring Rs. 15 lacs from her parents otherwise he will not continue the matrimonial relationship with her. On the second day of the marriage, the mother-in-law of the complainant and Gopal Singh had taken away the entire jewellery of the complainant. After 3-4 days of the marriage, the accused persons started to scold the complainant and they also started to use abusive and filthy language. The husband of the complainant used to consume alcohol and used to give beatings to her. In the year 2009, the complainant became pregnant and her in-laws did not use to give her food etc. After the birth of her daughter, the parents of the complainant were invited by her in-laws and they got with them various articles. But the in-laws of the complainant were not happy with it and the husband of the complainant caught hold of her hair and pushed her and brother-in-law of the complainant stepped over her due to which she became unconscious. On 22.12.2012 and on 15.01.2013, too the mother-in-law and the sister-in-law gave filthy abuses to the complainant. On 16.01.2013, the father-in-law of the complainant requested her to leave the matrimonial house.

The respondent no.2/complainant lodged the FIR in question against the petitioners. A charge sheet has been filed in the matter. The petitioner no.1 was granted bail on 30.04.2014 and thereafter, the petitioner no.1 and respondent no.2 amicable settled their matter and started to reside together.

4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the settlement, it is agreed that the petitioner no.1 and respondent no.2 are living together. It is agreed that the petitioner no.1 shall continue to reside with respondent no.2 and that he shall maintain the two minor children and respondent no.2 and that petitioner no.1 shall pay the fees of the children and in any case of default, respondent no.2 shall have the right to revive the allegation again. It is also agreed that out of the amount of Rs. 4 Lakhs deposited by the petitioner no.1 with the Ld. Registrar of this Court in pursuance of the order dated 19.09.2013 passed by this Court, Rs. 1 Lakh shall be deposited in the form of FDR in favour of both the minor children namely Tejas Soni and Kashvi Soni. It is also agreed that there are no further grievances left between the parties against the each other. Respondent No.2 affirmed the contents of the aforesaid settlement and of her affidavit dated 15.10.2015 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 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























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