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2016 Supreme(Del) 774
IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
Ram Kishore @ Vicky @ Rishi Kohli & Ors. - Petitioners
Versus
State of NCT of Delhi & Anr. - Respondents
Crl.M.C. 3623/2015
Decided On : 12-02-2016
Advocate Appeared:
Mr. Vikas Padora, Adv.
Mr. G.M. Farooqui, APP. Mr. P.K. Anand, Adv. for R-2
The main legal principle established is the Court's discretion to quash criminal proceedings under Section 482 Cr.P.C. in cases of amicable settlement, especially in matrimonial disputes, to prevent abuse of process of law and secure the ends of justice.
Headnote:
Section 482 Cr.P.C. - Quashing of FIR - 498A/406/34 IPC - Summary of Acts and Sections: Section 482 Cr.P.C., Section 498A IPC, Section 406 IPC, Section 34 IPC
Fact of the Case:
The petitioners filed a petition under Section 482 Cr.P.C. seeking to quash FIR No.44/2009 dated 27.02.2009, under Sections 498A/406/34 IPC. The parties arrived at a settlement, agreeing to take divorce by mutual consent and resolving all disputes.
Finding of the Court:
The Court found that the parties had amicably resolved their disputes, agreed to mutual divorce, and settled all claims, including maintenance and custody of children. The Court acknowledged the settlement and quashed the proceedings.
Issues: The issues involved the alleged harassment, torture, and maltreatment of the complainant by her in-laws and husband, leading to the filing of the FIR. The main issue was the settlement reached between the parties and the quashing of the FIR.
Ratio Decidendi: The Court relied on the principles laid down in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, emphasizing the need for amicable resolution of disputes, especially in matrimonial cases. The Court exercised its inherent power under Section 482 Cr.P.C. to prevent abuse of process of law and secure the ends of justice.
Final Decision: The Court allowed the petition, quashed FIR No. 44/2009, and disposed of the case in favor of the petitioners.
P.S. Teji, J.
1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Ram Kishore @ Vicky @ Rishi Kohli, Sumit Kohli, Sunita Kohli and Ms. Neeru Gupta, for quashing of FIR No.44/2009 dated 27.02.2009, under Sections 498A/406/34 IPC registered at Police Station Pahar Ganj on the basis of the compromise arrived at between petitioner no.1 and respondent No.2, namely, Smt. Poonam Kohli as provided in their joint statement recorded on 24.11.2012 before the learned MM, Tis Hazari Courts, Delhi.
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 26.05.2002 according to Hindu rites and ceremonies. After the marriage, the in-laws and the husband of the complainant/respondent no.2 started taunting her for bringing less dowry and started harassing, torturing and maltreating her. After the delivery of the first child of the complainant, she was not treated properly and all her hospital expenses were borne by her parents and her in-laws did not provide her with proper care and food. At the Namkaran ceremony, the in-laws of the complainant demanded Rs. 1 lacs from the parents of the complainant and when they refused, the parents of the complainant were insulted. On the same day, the complainant was given beatings by her in-laws and her child was snatched away from her. On the same day i.e. 26.09.2003, the parents of the complainant made a complaint and the husband of the complainant and her brother-in-law were arrested under Section 107/151 Cr.P.C. vide DD No. 38 dated 26.09.2003. Later on, they were released on bail. After the same, the complainant was not permitted in her matrimonial home, thus she went to her parental home. Then, the complainant made a complaint in the CAW Cell, Delhi on 09.10.2003. They pleaded their guilt and gave in writing the torture they gave to the complainant. Then, the complainant started residing at DP-16, Pitampura, Delhi but the torture by her in-laws and her husband did not come to an end. On 22.11.2007, the complainant was again given beatings by her brother-in-law and her husband with dandas and rods and they also tried to push her from the balcony and strangulated her neck. The complainant received injuries on her skull and other parts of the body due to which she was hospitalized for treatment. The sister-in-law of the complainant kept the complainant forcefully locked in a house so that the complainant could not file a complaint. The parents of the complainant came to know about the incident on 25.11.2007 and thus they took the complainant along with them.
Thereafter, the FIR in question was lodged against the accused persons/petitioner. Later on, the parties arrived at an amicable settlement.
4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the joint statements of the parties, it has been agreed between the parties, that they shall take divorce by way of mutual consent. It has further been agreed that the petitioner no.1 shall give a total sum of Rs. 3.75 lakhs to respondent no.2 towards full and final settlement of the entire claim of maintenance/istridhan as well as permanent alimony of the respondent no.2. It has also been agreed that the custody of the minor children shall remain with the petitioner no.1 and the respondent no.2 shall not file any case to claim custody of the children. The petitioner no.1 further agreed to withdraw his petition pending in the Court concerned in Crl. M.C. 518/2010. Both the parties agreed to withdraw any other cases/complaints etc. filed against each other and they also agreed to not file any case/complaint etc. against each other in future. Respondent No.2 affirms th
