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2016 Supreme(Del) 771

IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
Ghan Shyam Sharma & Ors. - Petitioners
Versus
The State (NCT of Delhi) & Anr. - Respondents
Crl.M.C. 4718/2015
Decided On : 12-02-2016

Advocates:
Advocate Appeared:
Mr. Avadh Kaushik and Ms. Deepika Raghav, Advs.
Mr. Panna Lal Sharma, APP. Mr. Naresh Gupta and Mr. Surender Nagpal, Advs. for R-2

The court can invoke its inherent power under Section 482 Cr.P.C. to quash criminal proceedings if the matter has been settled and compromised amicably, and continuing the proceedings would be an exercise in futility.

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, B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC 675] - The court invoked its inherent power under Section 482 Cr.P.C. to quash the FIR under Sections 498A/406/34 IPC as the matter had been settled and compromised amicably, and continuing the proceedings would be an exercise in futility. The court referred to various legal principles and precedents to justify the exercise of powers under Section 482 Cr.P.C. to secure the ends of justice and prevent the abuse of the process of law.

Fact of the Case:

The petitioners filed a petition under Section 482 Cr.P.C. seeking to quash FIR No.132/2006 dated 20.05.2006, under Sections 498A/406/34 IPC, based on a mediation report between the petitioner and the respondent. The respondent had filed a complaint against the petitioners for harassment and dowry demands after being ousted from her matrimonial home.

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. The court invoked its inherent power under Section 482 Cr.P.C. to quash the FIR under Sections 498A/406/34 IPC.

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

Ratio Decidendi: The court's decision was based on the settlement and compromise reached between the parties, as well as the legal principles outlined in various judgments, including the need to secure the ends of justice and prevent the abuse of the process of law.

Final Decision: The petition was allowed, and FIR No.132/2006 dated 20.05.2006, under Sections 498A/406/34 IPC, was 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. Ghan Shyam Sharma, Smt. Mooli Devi, Sh. Anoop Kishore, Smt. Sunita, Sh. Nawal Kishore and Smt. Pushpa for quashing of FIR No.132/2006 dated 20.05.2006, under Sections 498A/406/34 IPC registered at Police Station Roop Nagar on the basis of the mediation report of the Delhi Mediation Centre, Rohini District Courts, New Delhi arrived at between the petitioner no.1 and respondent No.2, namely, Smt. Kavita Sharma on 06.10.2015.

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 respondent no.2 was solemnized on 21.01.2006. After marriage, the in-laws and the husband of the complainant started harassing the complainant for dowry. On 04.04.2006, the mother-in-law and the sister-in-law of the complainant ousted her from the matrimonial home. On 12.04.2006, the complainant along with her mother went to the matrimonial home of the complainant, where her mother-in-law, her brother-in-law and her husband confined them in a room and started beating them and threatened to kill them. All the articles given by the mother of the complainant to her were taken away by her mother-in-law.

Subsequently, respondent no.2 filed a complaint on 05.05.2006 before the CAW Cell, Delhi against the petitioners which resulted into registration of the FIR in question. The matter is under trail before the concerned Court. The petitioner no.1 then filed a criminal complaint bearing CC no. 113/01/2010 against the respondent no.2 and her relatives under Section 494/420/120-B IPC in which the respondent no.2 and her relatives have already been summoned by the Trial Court. On 01.10.2015, learned MM referred the petitioner no.1 and respondent no.2 to mediation centre where they resolved their issues.

4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the mediation report, it has been agreed between the parties that the marriage solemnized on 21.06.2006 between petitioner no.1 and respondent no.2 was void ab-intio, as the first marriage of respondent no.2 was already in subsistence. It is agreed that respondent no.2 undertakes that she has no dispute or grievance against neither the petitioner no.1 nor his family members, who are accused in the FIR in question. It is further agreed that respondent no.2 shall give her statement before the concerned Court and shall also appear before this Court for quashing of the FIR in question against all the petitioners. It is further agreed that after the quashing of the FIR in question, petitioner no.1 shall withdraw the present case from the Ld. Referral Court within one week thereafter. It is also agreed that the quashing petition shall be filed within four weeks from the date of this agreement/mediation report. It is also agreed that both the parties shall not claim any kind of past, present and/or future maintenance/charges and/or alimony etc. from each other in any manner whatsoever at any point of time in future. It is thereby agreed that in terms of the present settlement, there shall remain no dispute between the parties qua the present cause of action and that none of the parties shall file any civil or criminal proceedings against each other in future and that if any other case/petition/complaint etc. between the parties is pending in any Court or Authority, the same shall be withdrawn/got disposed of by the respective party. Respondent No.2 affirms the contents of the aforesaid settlement and of her affidavit dated 03.11.2015 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






















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