IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
Raghav - Petitioner
Versus
State of NCT of Delhi & Anr. - Respondent
Crl.M.C. 5456/2014
Decided On : 12-02-2016
Section 482 Cr.P.C. - Quashing of FIR - Settlement between parties - Sections 498A, 406, 34 IPC - 125 Cr.P.C. - H.M.A. - D.V. Act - [Gian Singh v. State of Punjab (2012) 10 SCC 303, Narinder Singh v. State of Punjab (2014) 6 SCC 466] - The court quashed the FIR and proceedings based on the settlement between the parties, citing the need for amicable resolution of disputes in matrimonial cases and the exercise of inherent power under Section 482 Cr.P.C. to prevent abuse of process of law and secure the ends of justice.
Fact of the Case:
The petitioner filed a petition under Section 482 Cr.P.C. seeking to quash FIR No. 489/2009, which was registered against him under Sections 498A, 406, 34 IPC. The respondent, who was the complainant, had entered into a settlement with the petitioner, agreeing to file for a divorce by mutual consent and receiving a settlement amount of Rs.4,00,000.
Finding of the Court:
The court found that the parties had amicably resolved their disputes and entered into a settlement, including an agreement to file for divorce by mutual consent and the payment of a settlement amount. The court also noted the respondent's statement affirming the settlement and her willingness to quash the FIR.
Issues: The main issue was whether the court should quash the FIR and proceedings based on the settlement between the parties.
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 in matrimonial cases and the exercise of 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 and quashed the FIR and proceedings against the petitioner, citing the settlement between the parties and the need to prevent abuse of process of law and secure the ends of justice.
P.S. Teji, J.
1. The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Raghav for quashing of FIR No. 489/2009 dated 02.10.2009, under Sections 498A, 406, 34 IPC registered at Police Station Mandawli-Fazad Pur on the basis of the mediation report of the Delhi Mediation Centre, Karkadooma Courts, Delhi arrived at between the petitioner and respondent No.2, namely, Smt. Anju on 23.10.2010.
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 SI Neeraj Kumar.
3. The factual matrix of the present case is the marriage between the respondent no.2 and the petitioner was solemnized on 02.12.2007 according to Hindu rites and ceremonies. After the marriage the in-laws of the complainant started pressurizing her for more dowry and asked her to bring one car and only then she could reside in the matrimonial house. When the complainant informed her parents about the same, her parents also were treated very badly by her in-laws. After that, the complainant was beaten up by her in-laws almost daily and she was not given any food. The brother of the complainant came to her house to meet her and he also was beaten up very badly by her in-laws. Thereafter, the complainant along with her parents and her brother started residing at Karnal. Later on, the complainant made a complaint to the CAW Cell, Karnal. There, the matter got settled and the complainant started residing with her husband and in-laws. The in-laws of the complainant on the pretext of starting a new business started demanding Rs. 3 lakhs from her parents and even demanded a flat. The in-laws of the complainant again started beating her and one day the husband and the in-laws of the complainant threw her out of her matrimonial house. Thereafter, the FIR in question was registered by the respondent no.2/complainant against the petitioner. Later on, the matter got compromised between the respondent no.2 and the petitioner.
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 they shall file for a divorce by way of mutual consent. It is agreed that the petitioner shall pay a sum of Rs.4,00,000/- to respondent no.2 towards full and final settlement of all her claims regarding maintenance-past, present, future, istridhan, jewellery, alimony, dowry articles, etc. in respect of their marriage including any claim granted by any other Court in favour of respondent no.2. It is further agreed that the settlement amount of Rs.4,00,000/- shall be paid by the petitioner by way of demand draft to respondent no.2 in two installments. It is further agreed that till recording of the second motion, the execution petition filed by respondent no.2 for the execution of the order under Section 125 Cr.P.C. which is pending disposal before the Court of Ms. Sunena Sharma, Ld. MM, KKD, Delhi be kept in abeyance and the respondent no.2 shall not execute the same. It is further agreed that respondent no.2 shall withdraw the said execution petition/proceedings after the recording of the second motion and getting the decree of divorce between the parties and will not claim the amount in the said execution petition as matter is now finally settled between the parties in terms of this settlement for full and final settlement amount of Rs.4,00,000/-. It is further agreed between the parties that after decree of divorce by way mutual consent i.e. recording of statement in the second motion, the parties shall file proceedings before this Court for quashing of FIR in question and both parties shall appear at their own expenses in the proceedings for quashing of the FIR in question. It is further agreed that respondent no.2 shall help and cooperate in the quashing of the FIR in question by givin
B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC 675
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