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2016 Supreme(Del) 2093

IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
VIJAY KUMAR GUPTA & ORS – Petitioner
Versus
STATE OF NCT DELHI & ANR – Respondent
CRL. M.C. 742/2016
Decided On : 25-05-2016

Advocates Appeared:
Mr. Manoj Sharma, Mr. Shahid Ali Rao, Mr. Sarabh Sharma, Advocates.
Mr. Kamal Kumar Ghei, Additional Public Prosecutor for the State.

The main legal point established is the need for amicable resolution of disputes, the exercise of inherent power under Section 482 Cr.P.C. to prevent abuse of process of law, and the promotion of conciliation and speedy settlement of matrimonial disputes.

Headnote:

Section 482 Cr.P.C. - Quashing of FIR - Settlement between parties - 498-A/406/34 IPC

Fact of the Case:

The petitioners filed a petition under Section 482 Cr.P.C. seeking to quash FIR No.1106/2006 dated 25.11.2006, under Sections 498-A/406/34 IPC. The respondent No.2, the complainant, had obtained a divorce from petitioner no.1 and the matter was settled between the parties in a mediation centre.

Finding of the Court:

The Court found that the parties had amicably resolved their disputes and reached a settlement, agreeing to quash the FIR and not file any further case/complaint against each other in the future.

Issues: The issues involved the settlement between the parties, the quashing of the FIR, and the exercise of inherent power under Section 482 Cr.P.C.

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 Court allowed the petition and quashed FIR No.1106/2006 dated 25.11.2006, under Sections 498-A/406/34 IPC registered at Police Station Sangam Vihar and the proceedings emanating therefrom 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, Vijay Kumar Gupta, Sh. Ram Chand Gupta (deceased), Bhu Devi, Sh. Rahul Gupta, Ms. Poonam, Asha Gupta and Anil Gupta for quashing of FIR No.1106/2006 dated 25.11.2006, under Sections 498-A/406/34 IPC registered at Police Station Sangam Vihar on the basis of the mediation report arrived at Mediation Centre, Saket Courts, New Delhi between petitioner no.1 and respondent no.2, namely, Mrs. Reena Gupta on 16.11.2015.

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 of the FIR in question by SI Sahi Ram.

3. The factual matrix of the present case is that the marriage was solemnized between petitioner no.1 and the respondent no.2 on 22.11.2002 as per Hindu rites and ceremony. The dowry articles given in marriage seemed insufficient to the husband of the complainant and to her in-laws. The accused persons started beating the complainant and demanded Rs. 50,000/-. In April 2003, the parents-in-law, brother-in-law and sisters-in-law of the complainant gave her beatings and pulled her by her hair and locked her in a room. In June 2003, the accused persons even threatened to kill the complainant. On 26.12.2003, the complainant filed a complaint with the CAW Cell, Nanakpura but the husband of the complainant compromised the matter with her. Thereafter, the complainant came to know that her husband has solemnized another marriage and when the complainant protested to the same, she was again beaten up and threatened by the accused persons.

Thereafter, the complainant got lodged the FIR in question against the petitioners. The respondent no.2, has obtained divorce from her husband-petitioner no.1 on 22.02.2008. Thereafter, the matter was settled between the accused persons and the respondent no.2 in the mediation centre. The accused-Ram Chand Gupta expired on 17.08.2011 during the proceedings.

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 petitioner no.1 shall pay a sum of Rs. 50,000/-to the respondent no.2 in full and final settlement towards all her claims arising out of the marriage between them including maintenance (past, present and future), permanent alimony, istridhan and dowry articles. It is also agreed that the said amount shall be paid by cash before the learned Referral Court on 04.01.2016. It is also agreed that the petitioner no.1 shall move necessary petition before this Court for quashing of the proceedings arising out of the FIR in question which shall be filed by the petitioner no.1 entirely at his own cost, within one month of payment of settled amount of Rs. 50,000/- by the petitioner no.1 to the respondent no.2 before the ld. Referral Court, ld. MM, Saket Court. However, the respondent no.2 undertakes to cooperate in drafting and signing the quashing proceedings and shall appear before the Court as and when required. It is also agreed between the parties that they shall not file any further case/complaint against each other in future and/or their family members with regard to their marriage. Respondent No.2 affirmed the contents of the aforesaid settlement and of her affidavit dated 12.02.2016 supporting this petition. In the affidavit, she has stated that she has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No.2 has been recorded in this regard in which she stated that she has entered into a compromise with the petitioners and has settled all the disputes with them. She further stated that she has no objection if the FIR






















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