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2016 Supreme(Del) 1987

IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
ROHIT KAUSHIK & ANR – Petitioners
Versus
STATE (NCT OF DELHI) & ANR – Respondents
CRL. M.C. 771/2016
Decided On : 16-05-2016

Advocates Appeared:
Mr. Abhinav Bajaj, Adv.
Mr. Izhar Ahmad, APP for the State with SI Jitendra Kumar, PS Govindpuri.
Mr. Arnab Bhattacharya, Adv. with respondent no.2 in person.

The Court invoked Section 482 Cr.P.C. to quash the FIR based on the settlement reached at the Counseling Cell, emphasizing the need for amicable resolution of disputes and the exercise of inherent power to prevent abuse of process of law and secure the ends of justice.

Headnote:

Section 482 Cr.P.C. - Quashing of FIR - Settlement under Counseling Cell - Section 13 B(1) H.M.A. - 498A/34 IPC - [Section 13 B(1) H.M.A., 498A/34 IPC]

Fact of the Case:

The petitioners filed for quashing of FIR No.300/2013 under Sections 498A/34 IPC, based on a settlement reached at the Counseling Cell. The marriage between petitioner no.1 and respondent no.2 was solemnized in November, 2003. The family of the husband of the complainant demanded money from her and engaged in abusive behavior. The husband left the house, and the complainant lodged a complaint resulting in the FIR.

Finding of the Court:

The respondent no.2 affirmed the settlement, agreeing to mutual consent divorce and withdrawal of cases. The Court invoked Section 482 Cr.P.C. to prevent abuse of process of law and secure the ends of justice, quashing the FIR and its proceedings.

Issues: The main issue was the quashing of the FIR under Sections 498A/34 IPC based on the settlement reached at the Counseling Cell.

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 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 petition was allowed, and FIR No.300/2013 under Sections 498A/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. Rohit Kaushik and Sh. Mohit Kaushik for quashing of FIR No.300/2013 dated 08.05.2013, under Sections 498A/34 IPC registered at Police Station Govind Puri on the basis of settlement arrived at the Counseling Cell, South Family Court, Saket Court Complex, New Delhi between petitioner no.1 and respondent no.2, Smt. Neetu Kumari on 10.04.2015.

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 in the FIR in question by her counsel.

3. The factual matrix of the present case is that the marriage between petitioner no.1 and the respondent no.2 was solemnized in November, 2003. The family of the husband of the complainant would keep demanding money from the complainant. They would keep trying to persuade the husband of the complainant to leave the complainant and remarry somebody rich. On 04.11.2011 the maternal uncle and brother of the husband of the complainant came to the complainant’s home at night picked up a brawl with the complainant and slapped her on her cheek and threw her against the wall because of which she sustained injuries on her forehead. On 23.12.2011, husband of the complainant left the house on a false pretext and never came back home. The complainant and her father went to petitioner no.1’s house in the village, where complainant and her father were told that his family was unaware of petitioner no.1’s whereabouts.

Thereafter, respondent no.2/complainant lodged a complaint which resulted into the registration of the FIR in question against the petitioners. Numerous litigations followed, during the pendency of which the parties settled before a Counseling Cell.

4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the settlement, it is agreed that the parties shall take divorce by way of mutual consent within the jurisdiction of Delhi Court. It is agreed that the petitioner no.1 shall pay the total settlement amount of Rs. 6.5 Lacs towards full and final settlement including past, present and future maintenance and permanent alimony and any other legal claims. It is also agreed that the petitioner no.1 shall pay Rs. 1.5 Lakhs to respondent no.2 at the time of recording of the statement of first motion. It is further agreed between the parties that petitioner no.1 shall pay a sum of Rs. 1.5 Lakhs to respondent no.2 at the time of recording of statement of second motion. It is also agreed that the first motion petition shall be filed on or before 10.04.2015 and the second motion shall be filed soon after the completion of the period of 6 months under Section 13 B(1) H.M.A. It is also agreed that the parties will withdraw the cases pending in the concerned Courts as mentioned in detail in the terms of the settlement. It is also agreed that the FIR in question shall be quashed by filing a petition before this Court and that respondent no.2 shall cooperate for the same. It is also agreed that at the time of quashing of the FIR in question, petitioner no.1 shall pay a sum of Rs. 1.5 Lakhs to respondent no.2. It is also agreed that respondent no.2 shall cooperate in the quashing of the Rape complaint under Section 376 IPC and that at the time of quashing of the same petitioner no.1 shall pay respondent no.2 a sum of Rs. 2 Lakhs. It is also agreed that the matter has been settled between the parties and that they shall not back out from the terms of the settlement. It is also agreed that neither of the parties shall file any criminal or civil cases regarding this litigation. Respondent No.2 affirmed the contents of the aforesaid settlement and of her affidavit dated 29.01.2016 supporting this petition. In the affidavit, the respondent no.2 has stated that she has no objection if the FIR in question is quashed. A
























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