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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Mahaveer Prasad Saini - Appellant
Versus
State - Respondent
W.P.(Crl.) 2840 of 2022
Decided On : 29-11-2022
| Table of Content |
|---|
| 1. filing of quash petition for fir. (Para 1) |
| 2. matrimonial disputes closed; complainant withdraws case. (Para 2 , 3) |
| 3. state's view on the severity and context of the offence. (Para 4) |
| 4. affidavit indicating no coercion from the complainant. (Para 5) |
| 5. quashing of fir based on complainant's wishes. (Para 6) |
| 6. final order and disposal of the petition. (Para 7) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 24752/2022 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(CRL) 2840/2022
1. This is a petition seeking quashing of FIR No. 38/2021 registered at P.S. Chhawala under Section 354 IPC.
2. Learned counsel for the petitioner has submitted that in fact the present FIR is one of the offshoots of the matrimonial disputes between the petitioner and his wife Smt. Madhubala Saini. Learned counsel for the petitioner submits that the matrimonial dispute between the husband and wife has been settled vide Settlement Agreement dated 03.03.2022 recorded at Delhi Mediation Centre, Rohini District Courts, Delhi. In pursuance to the settlement, the parties have started residing together and a quietus has been put to all other cases.
3. The complainant is also present in Court with her mother Smt. Madhubala Saini. The complainant is pursuing her BDS from Manav Rachna Dental College, Faridabad. The complainant also states that since the matrimonial disputes between her parents have been settled, she also does not want to pursue the present FIR.
4. Learned Additional Standing Counsel for the State submits that though the offence under Section 354 IPC is a serious offence. However, in the present case it was a one off incident of scuffle between the parents of the complainant. Learned Additional Standing Counsel submits that since it is an exceptional case, she will have no objection if the FIR is quashed.
5. The affidavit of the complainant has also been placed on record. The complainant has stated before the Court that she has executed the affidavit dated 23.11.2022 voluntarily at her own free will, without any coercion.
6. In view of the statement of the complainant, the case FIR No. 38/2021 registered at P.S. Chhawala under Section 354 IPC and all the proceedings emanating therefrom, are quashed.
7. The present petition stands disposed of.
The consent of the complainant in a resolved matrimonial dispute can lead to the quashing of an FIR under IPC Section 354, as seen in cases where reconciliation is achieved.
Reconciliation in matrimonial disputes can justify the quashing of FIRs related to dowry and cruelty if both parties wish to resolve their differences amicably.
Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement, as held in B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, ....
The central legal point established is that the power to quash criminal proceedings can be exercised when the parties have settled their dispute and continuation of the proceedings would be an abuse ....
The central legal point established is the court's authority to quash criminal proceedings in matrimonial disputes based on genuine settlements, as supported by legal precedents.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, as established in B.S. Joshi v. State of Haryana, (2003)4 SCC 675; K. Srinivas Rao v. D.A. Deepa, ....
The High Court may exercise its inherent powers to quash criminal proceedings arising from matrimonial disputes when parties have reached a voluntary, amicable settlement, thereby serving the interes....
Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement.
The court can quash non-compoundable offences based on amicable settlements and exercise inherent powers under section 482 of the Code to prevent abuse of the court process.
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