Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Ms. Khusbhoo Goswami - Appellant
Versus
The State NCT of Delhi & Anr. - Respondents
W.P. (Cr.) 860 of 2024
Decided On : 02-04-2024
Section 482 - Quashing of FIR based on amicable settlement
Fact of the Case:
The petitioner sought to quash FIR No. 0035/2023, under Section 500/509 IPC and Section 67 of IT Act, registered at Cyber Police Station East, District East, Delhi, based on the receipt of obscene messages by respondent No.2 from an unknown ID, which was tracked to be of the petitioner.
Finding of the Court:
The court found that the matter had been amicably settled between the parties, with both the petitioner and respondent No. 2 confirming the settlement without any threat, pressure, or coercion. The court considered the nature and gravity of the offence and the impact on society, and concluded that no useful purpose would be served by keeping the case pending, leading to the quashing of the FIR and related proceedings.
Issues: The main issue was whether the court should exercise its power under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings based on the amicable settlement between the parties.
Ratio Decidendi: The court held that the power to quash criminal proceedings based on an amicable settlement depends on the facts and circumstances of each case, with due regard to the nature and gravity of the offence and the impact on society. In this case, the court considered the amicable settlement and the bickering in matrimonial relations, leading to the conclusion that continuation of proceedings would be an abuse of the process of the court.
Final Decision: FIR No. 0035/2023, under Section 500/509 IPC and Section 67 of IT Act, registered at Cyber Police Station East, District East, Delhi, and the proceedings emanating therefrom were quashed. The petition was accordingly disposed of, and pending applications, if any, were also disposed of.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral) - Petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 0035/2023, under Section 500/509 IPC, registered at P.S.: Cyber Police Station East, District East, Delhi and proceedings emanating therefrom.
2. In brief, as per the case of the petitioner, obscene messages were received by respondent No.2 on her Instagram account on 02.06.2023 from an unknown ID. The aforesaid ID was tracked and found to be of petitioner. FIR was accordingly registered under Sections 500/509 IPC at Cyber Police Station East, District East, Delhi. Section 67 of IT Act was subsequently invoked.
3. Learned counsel for the petitioner submits that respondent No.2 is the sister of petitioner's former husband namely, Abhishek Atri, and matter has been amicably settled between the petitioner and respondent No. 2 vide Settlement Deed dated 28.02.2024.
4. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.
5. Petitioner as well as respondent No. 2 are present in person and have been identified by SI Saurabh, P.S.: Cyber Police Station East, District East, Delhi. I have interacted with the petitioner and respondent No.2 and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No.2 states that she does not wish to take up the matter against the petitioner and proceedings initiated on the basis of her complaint may be quashed. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.
6. Petitioner in the present case seeks to invoke the powers under Section 482 of Code of Criminal Procedure. The same is to be used to secure the ends of justice or to prevent the abuse of process of any Court. In which cases, the power to quash the criminal proceedings or the complaint or FIR may be used when the offender as well as victim have settled their dispute, would depend upon the facts and circumstances of each case and no generalised list or categories can be prescribed. However, the Court is required to give due regard to the nature and gravity of the offence and consider the impact on the society.
7. Parties intend to put quietus to the proceedings and move forward in life being earlier closely related. The alleged incident appears to be on account of bickering in matrimonial relations between petitioner and her in-laws. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0035/2023, under Section 500/509 IPC and Section 67 of IT Act, registered at P.S.: Cyber Police Station East, District East, Delhi and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
The court may quash criminal proceedings based on an amicable settlement between the parties, considering the nature and gravity of the offence and its impact on society.
The court emphasizes the importance of amicable settlements in private nature offences, allowing for quashing proceedings to maintain harmony.
The court quashed the FIR due to vague allegations lacking material evidence, emphasizing the need for specific claims to justify criminal proceedings.
The central legal point established in the judgment is the court's power to quash criminal proceedings based on the amicable settlement between the parties, considering the nature and gravity of the ....
The court may quash proceedings under Section 66A of IT Act based on a settlement between the parties if the offence is predominantly private in nature.
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and pres....
Amicable settlement between parties can justify quashing proceedings in cases not involving heinous offences.
In personal disputes, if matters are settled amicably, a quietus should be put, and the court may quash ongoing criminal proceedings based on such settlements.
The court has the inherent power under Section 482 to quash criminal proceedings based on a settlement between the parties, with the aim of achieving substantial justice and preventing abuse of the c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
