The main legal principle established is the Court's inherent power under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in cases of amicable resolution of disputes, while considering the non-compoundable nature of the offence and the need to prevent abuse of the judicial process.

Suresh Kait, J.

Crl.M.A. No.3787/2016 (for exemption)

Exemptions allowed, subject to all just exceptions.

Accordingly, the application is allowed.

Crl.M.C. 904/2016

1. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No.885/2015 registered at Police Station Vasant Kunj (South) New Delhi for the offence punishable under Sections 363 the IPC and the consequential proceedings emanating therefrom against him.

2. Learned Senior Counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No.2, Damini Kapoor, who is wife of petitioner regarding custody of their daughter namely Zoya and both the parties are at matrimonial litigation with each other. The matter is still pending for investigation with the police. Meanwhile, the respondent No.2 and the petitioner have amicably settled their disputes and filed petition under Section 13(B)2 for divorce by mutual consent and settled the dispute by way of the undertaking dated 09.02.2016 between the parties. The said undertaking is available at Page No.77 of the petition, which facts have not been disputed by the respondent No.2.

3. Learned counsel for the petitioners further submits that consequent to the said settlement and undertaking marriage between the petitioner No.1 and respondent No.2 has been dissolved vide decree of mutual divorce dated 16.02.2016 under Section 13B(2) of the Hindu Marriage Act, 1955. The issue of child of parties has already been settled and custody of child has been handed over to petitioner, thus, respondent No.2 does not wish to pursue her case further against the petitioner.

4. Respondent No.2 is personally present in the Court through learned counsel and has been duly identified by the Investigating Officer of the case. Learned counsel for respondent No.2, under instructions of respondent No.2 does not dispute the statement made by learned senior counsel for petitioner and submits that the matter has been settled between the parties. The affidavit of respondent No.2 is at page No.82 of the petition. Therefore, respondent No.2 has no objection, if the present petition is allowed.

5. Learned Additional Public Prosecutor appearing on behalf of the State submits that matter is pending investigation with the police. Since the parties have amicably settled the matter and the respondent No.2/complainant does not wish to pursue the case against the petitioner, therefore, looking to the overall circumstances, no useful purpose will be served in continuing the proceedings. Thus, the State has no objection if the present petition is allowed.

6. Undisputedly, offence punishable under Section 363 of the IPC is non-compoundable, however, considering the facts and circumstances of the case and in exercise of the inherent powers under Section 482 of the Code of Criminal Procedure, 1973, this Court has power to accept the compromise. This issue has been decided by the Constitution Bench of the Supreme Court in the case titled as Gian Singh Vs. State of Punjab and Another (2012) 2 SCC (L&S) 998 wherein held as under:-

“58. ....However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be