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2016 Supreme(Del) 4060

IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
SANDEEP SACHDEVA & ORS. – Petitioners
Versus
STATE (GOVT OF NCT OF DELHI) & ANR. – Respondents
CRL.M.C. 1223 of 2016
Decided On : 10-11-2016

Advocates Appeared:
For the Petitioner: Mr. Dinesh K. Malhotra, Mr. Satish Verma and Mr. Amardeep Singh
For the Respondent: Ms. Meenakshi Chauhan with Manish Chaudhary, Mr. Ankit Batra

The main legal point established is the court's authority to invoke its inherent power under Section 482 Cr.P.C. to quash criminal proceedings, especially in cases with predominantly civil character and amicable settlements, to prevent abuse of process of law and secure the ends of justice.

Headnote:

Section 482 Cr.P.C. - Quashing of FIR - Sections 498-A/406/34 IPC & Section 4 Dowry Prohibition Act - [Gian Singh v. State of Punjab (2012) 10 SCC 303, Narinder Singh v. State of Punjab (2014) 6 SCC 466] - The court invoked its inherent power under Section 482 Cr.P.C. to quash the FIR and proceedings arising from it, considering the amicable settlement between the parties and the predominantly civil nature of the case.

Fact of the Case:

The petitioners sought to quash an FIR filed under Sections 498-A/406/34 IPC & Section 4 Dowry Prohibition Act, citing a settlement deed and counseling at Family Court as grounds for settlement.

Finding of the Court:

The court found that the matter had been amicably resolved between the parties, leading to a settlement deed for divorce by mutual consent and payment of a settlement amount. The respondent affirmed the settlement and expressed no objection to quashing the FIR.

Issues: The issues involved the settlement between the parties, the nature of the offenses, and the exercise of the court's inherent power under Section 482 Cr.P.C. to quash the proceedings.

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, especially in cases with predominantly civil character, 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 arising from it, considering the amicable settlement between the parties and the predominantly civil nature of the case.

JUDGMENT :

P.S. TEJI, J.

1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Sandeep Sachdeva, Smt. Geeta Sachdeva, Smt. Simmy Sachdeva, Sh. Naveen Puri, Smt. Monika Puri, Sh. Vishal Bhatia, Smt. Kavita Bhatia, Sh. Abhishek Goel and Smt. Jaya Goel for quashing of FIR No.73/2011 dated 28.02.2011, under Sections 498-A/406/34 IPC & Section 4 Dowry Prohibition Act registered at Police Station Shahdara on the basis of settlement deed, Counseling at Family Court, Shahdara, Karkadooma, Delhi executed between petitioner no.1 and respondent no.2, namely, Smt. Ms. Gracy on 04.12.2014.

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 Manish Chaudhary.

3. The factual matrix of the present case is that the marriage was solemnized between the petitioner no.1 and the respondent no.2 on 20.01.2010 according to Hindu rites and ceremonies. It is alleged that the in-laws and husband of the complainant were dissatisfied with the dowry brought in by the complainant at the time of marriage and that they would torture her for the same. It is the case of the complainant that after several instances of cruelty against the complainant by the accused persons, the complainant finally turned out of her matrimonial home on 23.08.2010 by her husband.

Thereafter, the complainant lodged the complaint following which the FIR in question was registered against the petitioners. During the pendency of the proceedings, the matter was settled between the accused persons and the respondent no.2.

4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the relevant terms of the settlement, it is agreed between the parties that they shall take divorce by way of mutual consent. It is agreed that petitioner no.1 shall pay a sum of Rs. 3.5 Lacs (“Settlement Amount”) towards full and final settlement of all the claims arising out of their marriage which includes permanent alimony, dowry articles, istridhan, maintenance (past, present and future) and shall also hand over the articles as listed in the terms of the settlement in the manner enunciated in the terms of the settlement. It is also agreed that the above mentioned amount shall be paid in the manner enunciated in the terms of the settlement. It is also agreed that out of the Settlement Amount the petitioner no.1 shall pay a sum of Rs. 1.25 by way of DD/cash to respondent no.2 at that time of quashing of the FIR in question and that respondent no.2 shall cooperate with the petitioners for the same. It is agreed that both parties to the settlement deed shall withdraw all the cases as enunciated in the terms of the same and the parties or their families they shall not file any case against each other in future. It is agreed if any such case/complaint is found pending against either party, then the same shall be deemed to be withdrawn. It is pertinent to mention that that respondent no.2 has already received a sum of Rs. 2.11 Lacs which is not a part of the agreed Settlement Amount. Respondent No.2 affirmed the contents of the aforesaid settlement and of her affidavit dated 15.03.2016 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 in question is quashed.

5. In Gian Singh v. State of Punjab (2012) 10 SCC 303 Apex Court has recognized the need of amicable res





















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