* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4533/2015 Date of Decision : February 05th, 2016 VISHAL KAUSHIK & ORS Petitioner Through: Ms. [ENTITY], proxy for counsel for petitioner versus THE STATE ( GOVT OF NCT OF DELHI) & ANR Respondent Through: Mr. [ENTITY], Additional Public Prosecutor for the State Mr. [ENTITY], Mr. [ENTITY], Advocate for respondent No. 2. CORAM: HON'BLE MR. JUSTICE [ENTITY] [ENTITY], J.
1. The present petition under [SECTION] [ACT] has been filed by the petitioners, namely, Sh. [ENTITY], Sh. [ENTITY], Smt. [ENTITY], Sh. [ENTITY], Smt. [ENTITY], Sh. [ENTITY], Sh. [ENTITY], Sh. [ENTITY] and Smt. [ENTITY] for quashing of FIR No.227/2013 dated 03.08.2013, under [SECTION] [ACT] registered at Police Station Paschim Vihar on the basis of the report of the Counseling Cell, Family Courts, Dwarka Court, New Delhi between the petitioner no.1 and respondent No.2, namely, Smt. [ENTITY] on 05.12.2014.
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 her counsel.
3. The factual matrix of the present case is that the marriage between petitioner no.1 and respondent no.2 was solemnized on 14.04.2012 as per Hindu rites and ceremonies. On the very first night of the marriage, the husband of the complainant slept without even exchanging words with the complainant/respondent no.2. The next day when the complainant visited her parental home and she came back, she found out that Rs. 20,000/- which were lying in her purse are missing. The mother-in-law of the complainant accepted that she had taken all the money as it belonged to her. She was also compelled by her husband to give her gold chain set to her sister-in-law. In the last week of April, 2012 when she went on her honeymoon, the husband of the complainant handed over all her jewellery to the mother-in-law of the complainant. On 05.05.2012, the husband of the complainant left for America, after which the complainant was tortured on day to day basis. The mother-in-law of the complainant is alleged to be committing black magic. On 19.06.2012, the complainant went to America where her husband kept her in an inhuman state. She was kept there as a maid and her husband used to assault her daily. On 29.07.2012, when the complainant came back to India, her in-laws started demanding her entire salary. Her husband came back after a few days and left for America again. On 15.01.2013, the complainant left for her parental home. After many requests also, the husband of the complainant did not come to take her back. Finally, on 11.05.2013, her parents left her at her matrimonial home. Since after 11.05.2013, the complainant was not provided with food.
The respondent no.2 filed a complaint before CAW Cell against the petitioners and the same was converted into FIR in question. Thereafter, the parties settled their matter before the Counselling Cell, Family Courts, Dwarka Courts, Delhi.
4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the terms of the report of the Counseling Cell, the parties, i.e. petitioner no.1 and respondent no.2, have agreed to settle all disputes. It is agreed between the parties that they shall not contact each other and they will not interfere in each other's personal life. It is further agreed that they both shall file for a divorce by way of mutual consent. It is also agreed by both parties that petitioner no.1 shall pay a total sum of Rs.25,00,000/- to respondent no.2 as full and final settlement towards stridhan, permanent alimony, dowry articles, jewellery past, present and future and that after this nothing shall remain due towards the marriage. It is agreed between both the parties that they shall approach this Court for quashing both the FIRs i.e. FIR in question and FIR No. 284/2013 under the [ACT] within one month of obtaining the decree of divorce and the petitioner no.1 shall pay Rs. 4.5 lacs in DD/cash. It is further agreed that the respondent no.2 shall withdraw her case under [ACT] pending in the concerned Court. It is further agreed that respondent no.2 shall withdraw her application filed by her before this Court which is fixed for 05.03.2015 within one month of the settlement. It is agreed between the parties that both parties shall neither pursue any pending cases not file any new complaint/litigation against each other in lieu of this settlement. Respondent No.2 affirms the contents of the aforesaid settlement and of her affidavit dated 03.10.2015 supporting this petition. In the affidavit, the respondent no.2 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 [PRECEDENT] Apex Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-
"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
6. The aforesaid dictum stands reiterated by the Apex Court in a recent judgment in [ENTITY] v. State of Punjab (2014) 6 SCC
466. The relevant observations of the Apex Court in [ENTITY] (Supra) are as under:-
"29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under [SECTION] of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:
29.1 Power conferred under [SECTION] of the Code is to be distinguished from the power which lies in the Court to compound the offences under [SECTION] of the Code. No doubt, under [SECTION] of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.
29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society.
Similarly, for the offences alleged to have been committed under special statute like the [ACT] or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.
29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
7. The inherent powers of the High Court ought to be exercised to prevent the abuse of process of law and to secure the ends of justice. The respondent no.2 agrees to the quashing of the FIR in question without any threat or coercion or undue influence and has stated that the matter has been settled out of her own free will. As the matter has been settled and compromised amicably, so, there would be an extraordinary delay in the process of law if the legal proceedings between the parties are carried on. So, this Court is of the considered opinion that this is a fit case to invoke the jurisdiction under [SECTION] [ACT] to prevent the abuse of process of law and to secure the ends of justice.
8. The incorporation of inherent power under [SECTION] [ACT] is meant to deal with the situation in the absence of express provision of law to secure the ends of justice such as, where the process is abused or misused; where the ends of justice cannot be secured; where the process of law is used for unjust or unlawful object; to avoid the causing of harassment to any person by using the provision of [ACT] or to avoid the delay of the legal process in the delivery of justice. Whereas, the inherent power is not to be exercised to circumvent the express provisions of law.
9. It is settled law that the inherent power of the High Court under [SECTION] [ACT] should be used sparingly. The Hon'ble Apex Court in the case of State of Maharashtra through [PRECEDENT] and in the case of [PRECEDENT] observed that powers under [SECTION] [ACT] must be exercised sparingly, carefully and with great caution. Only when the Court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the Court if such power is not exercised, Court would quash the proceedings.
10. It is a well settled law that where the High Court is convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquillity and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy. Non-compoundable offences are basically an obstruction in entering into compromise. In certain cases, the main offence is compoundable but the connected offences are not. In the case of [PRECEDENT] the Hon'ble Apex Court observed that even though the provisions of [SECTION] [ACT] would not apply to such offences which are not compoundable, it did not limit or affect the powers under [SECTION] [ACT] The Hon'ble Apex Court laid down that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, [SECTION] [ACT] would not be a bar to the exercise of power of quashing. In the nutshell, the Hon'ble Apex Court justified the exercise of powers under [SECTION] [ACT] to quash the proceedings to secure the ends of justice in view of the special facts and circumstances of the case, even where the offences were non- compoundable.
In the light of the aforesaid, this Court is of the view that notwithstanding the fact the offence under [SECTION] [ACT] is a non- compoundable offence, there should be no impediment in quashing the FIR under this section, if the Court is otherwise satisfied that the facts and circumstances of the case so warrant.
11. The Courts in India are now normally taking the view that endeavour should be taken to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs such as, matrimonial disputes between the couple or/and between the wife and her in-laws. India being a vast country naturally has large number of married persons resulting into high numbers of matrimonial disputes due to differences in temperament, life-styles, opinions, thoughts etc. between such couples, due to which majority is coming to the Court to get redressal. In its 59th report, the Law Commission of India had emphasized that while dealing with disputes concerning the family, the Court ought to adopt an approach radically different from that adopted in ordinary civil proceedings and that it should make reasonable efforts at settlement before the commencement of the trial. Further it is also the constitutional mandate for speedy disposal of such disputes and to grant quick justice to the litigants. But, our Courts are already over burdened due to pendency of large number of cases because of which it becomes difficult for speedy disposal of matrimonial disputes alone. As the matrimonial disputes are mainly between the husband and the wife and personal matters are involved in such disputes, so, it requires conciliatory procedure to bring a settlement between them. Nowadays, mediation has played a very important role in settling the disputes, especially, matrimonial disputes and has yielded good results. The Court must exercise its inherent power under [SECTION] [ACT] to put an end to the matrimonial litigations at the earliest so that the parties can live peacefully.
12. Since the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between the parties, therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility and is a fit case for this Court to exercise its inherent jurisdiction.
13. In the facts and circumstances of this case, in view of statement made by the respondent No.2 and the compromise arrived at between the parties, the FIR in question warrants to be put to an end and proceedings emanating thereupon need to be quashed.
14. Accordingly, this petition is allowed and FIR No.227/2013 dated 03.08.2013, under [SECTION] [ACT] registered at Police Station Paschim Vihar and the proceedings emanating therefrom are quashed against the petitioners.
15. This petition is accordingly disposed of.
([ENTITY]) JUDGE FEBRUARY 05, 2016 dd