This order quashes an FIR involving matrimonial disputes where the petitioner and respondent had amicably settled via a divorce decree and mutual consent agreement, preventing abuse of court process.
FIR No. 146/2023 and all consequential proceedings arising therefrom are quashed; matter disposed.
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ANKIT GARG AND OTHERS ..... Petitioner Through: Mr. Anand Parashar, Mr. Virender Janglan & Ms. Ritu Mishra, Advs. with Petitioners in person
versus
THE STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Ms.Rupali Bandhopadhya, ASC for the State SI Kusum Chaudhary & ASI Nidish, PS- Prashant Vihar Mr. Avadh Kaushik & Mr. Rishabh Kumar, Advs. for R2 with Respondent No. 2 in person
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R % 22.01.2024
This is a digitally signed order. W.P.(CRL) 204/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2024 at 12:57:00
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Thereafter, due to matrimonial discord, some misunderstandings took place between the parties, due to which the petitioners and Respondent No.2 have been residing separately since May, 2022. 3. Subsequently, Respondent No. 2 filed a complaint to the ACP, Crime Against Women Cell, Rohini, Delhi against the petitioners, alleging that she was subjected to cruelty by the petitioners, which later culminated into the FIR No. 146/2023. 4. The present petition is filed on the ground that the parties have amicably settled all their disputes before the Mediation Centre, Rohini District Courts, Delhi by way of a Settlement Agreement dated 11.10.2023, on their own free will without any coercion, pressure, or undue influence. Pursuant to the settlement, Respondent No.2 and Petitioner No.1 have already obtained a decree of divorce by mutual consent, and they intend to live their future lives peacefully. 5. In terms of the Mediation Settlement dated 11.10.2023, out of the total settlement amount of ₹21,00,000/-, an amount of ₹15,00,000/- (Rupees Fifteen Lakhs) already stands paid to Respondent No. 2, and the balance settlement amount of ₹6,00,000/- (Rupees Six Lakhs) is handed over in Court today by way of Demand Draft No. 186497 dated 17.01.2024 drawn on State Bank of India, Rohini, Delhi.
This is a digitally signed order. W.P.(CRL) 204/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2024 at 12:57:00
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confirms that the disputes have been settled between the parties.
“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 482 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 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 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.
This is a digitally signed order. W.P.(CRL) 204/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2024 at 12:57:00
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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 Prevention of Corruption 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.
29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”
(emphasis supplied)
“16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions :
16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court.
16.2. The invocation of the jurisdiction of the High Court to quash a first information report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence,
This is a digitally signed order. W.P.(CRL) 204/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2024 at 12:57:00
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the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.
16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court.
16.5. The decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.
16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences.
16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.
16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.
16.9. In such a case, the High Court may quash the
This is a digitally signed order. W.P.(CRL) 204/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2024 at 12:57:00
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criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
16.10. There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.”
(emphasis supplied)
AMIT MAHAJAN, J
JANUARY 22, 2024 “SS”
This is a digitally signed order. W.P.(CRL) 204/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2024 at 12:57:00
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2 issues framed by the court
Whether the High Court should quash the FIR and criminal proceedings given that the parties have amicably settled the matrimonial dispute.
Whether exercise of discretionary jurisdiction under Section 482 CrPC is appropriate when the possibility of conviction may be remote due to settlement.
Colour shows how this judgement treated each authority
Narinder Singh & Ors. V. State of Punjab & Anr.Referred¶19
(2014) 6 SCC 466 · Who else cites this
Parbatbhai Aahir & Ors v. State of Gujarat & Anr.Referred¶32
(2017) 9 SCC 641 · Who else cites this
2 provisions across 2 enactments
Ankit Garg
The State Govt. of NCT of Delhi
Unknown
Amit Mahajan
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
