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2016 Supreme(Del) 1311

IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
Rajneesh Guglani - Petitioner
Versus
State of NCT of Delhi & Anr. - Respondent
Crl.M.C. 4566/2015
Decided On : 11-03-2016

Advocates:
Advocate Appeared:
Mr. Ankit Agarwal, Advocate
Ms. Manjeet Arya, Additional Public Prosecutor for the State with Sub-Inspector Anand Kumar, Police Station Mehrauli, Delhi Mr. Rajat Agnihitri, Advocate for respondent No. 2

The main legal point established in the judgment is the Court's authority to invoke its inherent power under Section 482 Cr.P.C. to quash criminal proceedings based on a settlement between the parties, emphasizing the need to prevent abuse of the legal process and secure the ends of justice.

Headnote:

Section 482 Cr.P.C. - Quashing of FIR - Settlement between parties - Sections 498-A, 406, 34 IPC - 61, 29.1, 29.2, 29.3, 29.4 of the Code of Criminal Procedure - B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC 675 - Gian Singh v. State of Punjab (2012) 10 SCC 303 - Narinder Singh v. State of Punjab (2014) 6 SCC 466

Fact of the Case:

The petitioner filed a petition to quash FIR under Sections 498-A, 406, 34 IPC based on a settlement reached with the respondent, his wife. The settlement included terms for divorce, custody of the minor child, maintenance, withdrawal of cases, and mutual agreement to settle all disputes.

Finding of the Court:

The Court found that the parties had amicably resolved their disputes through mutual consent and reached a settlement, making the continuation of the criminal proceedings futile. The Court invoked its inherent jurisdiction under Section 482 Cr.P.C. to prevent the abuse of the legal process and secure the ends of justice, ultimately quashing the FIR and related proceedings.

Issues: The main issue was whether the settlement between the parties warranted the quashing of the FIR and related proceedings under Sections 498-A, 406, 34 IPC.

Ratio Decidendi: The Court relied on the principles outlined in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, emphasizing the need for amicable resolution of disputes and the exercise of inherent power under Section 482 Cr.P.C. to prevent abuse of the legal process and secure the ends of justice. The Court also considered the nature of the offences, the impact on society, and the predominantly civil character of the disputes in reaching its decision.

Final Decision: The Court allowed the petition and quashed the FIR No. 1345/2014 dated 11.08.2014, under Sections 498A, 406, 34 IPC registered at Police Station Mehrauli and the proceedings emanating therefrom against the petitioner.

JUDGMENT :

P.S. Teji, J.

1. The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Rajneesh Guglani for quashing of FIR No. 1345/2014 dated 11.08.2014, under Sections 498-A, 406, 34 IPC registered at Police Station Mehrauli on the basis of the mediation report, Delhi Mediation Centre, Saket Courts, New Delhi in view of the settlement arrived at between the petitioner and respondent No.2, namely, Priyanka Dua Guglani on 22.09.2013.

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 and the respondent no.2 was solemnized on 20.02.2007 as per Hindu rites and rituals. During the first few months of the marriage, the petitioner used to taunt the complainant over the engagement ceremony and the wedding function as they were not to his liking. In July 2008, the complainant and the petitioner went for a trip where the petitioner gave a blow on the face of the complainant and her nose started to bleed. In November 2009, during the time, the complainant was pregnant, the petitioner’s cousin was getting married and the wedding was very lavish and the complainant was harassed and insulted by the petitioner as he kept on comparing this wedding with his weeding. The situation escalated and the health of the complainant worsened and the parents of the complainant brought her home.

Thereafter, the respondent no.2/complainant lodged the FIR in question against the petitioner, during the pendency of which, the parties arrived at an amicable settlement. The petitioner, pursuant to the settlement was admitted on anticipatory bail.

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 is agreed between the parties that they shall file petition for divorce by way of mutual consent within two months from the date of settlement. It is also agreed that the permanent custody of the minor child namely, Jhanvi shall remain with respondent no.2 till the time she wants. It is also agreed that petitioner shall hand over the jewellery and clothes as agreed to respondent no.2 within one week from the date of settlement against acknowledgement as per the annexure A. It is also agreed that petitioner shall pay an amount of Rs. 5,000/- per month towards the maintenance of the child namely, Jhanvi till she attains the age of 18 years i.e. till 17.04.2028. It is also agreed that the present matter as well as the case under Domestic Violence Act pending before the concerned Mahila Court shall be withdrawn by respondent no.2. It is further agreed that pursuant to the settlement, nothing shall remain due to them against each other in respect of their marriage as the present settlement is full and final settlement between the parties. It is further agreed that the respondent no.2 shall withdraw the divorce petition filed by her which is pending in the concerned Family Court. It is also agreed that the minor daughter during her vacations from the school shall stay with her father/petitioner and grandmother and respondent no.2 has agreed to have two outing of the child with the father and grandmother at least twice a month. It is also agreed that the during all school functions the respondent no.2 shall inform the petitioner to enable him to attend those functions for the child and that the parties shall communicate with each other on telephone/mobile as and when required. Respondent No.2 affirmed the contents of the aforesaid settlement and of her affidavit dated 03.11.2015 supporting this petition. As per the affidavit filed by respondent no.2, she has settled all her disputes with the petitioner and has no objection if the FIR in question is quashed. All the disputes and differences have been resolved






















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