Allowed

Shivani Sharma v. State NCT of Delhi and Anr.

Delhi HC13 Sept 2024CRL.M.C./5923/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR under Sections 468 and 471 IPC involving allegations of forged seal on a complaint during matrimonial acrimony. The Court allowed the petition based on the precedent that quashing is appropriate when the dispute has a predominant civil character, parties have settled including via divorce, and continuing proceedings would be an abuse of process.

What did the court decide?

FIR No. 187/2023 and all consequential proceedings arising therefrom were quashed.

Shivani Sharma Vs State NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~16

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5923/2024

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SHIVANI SHARMA .....Petitioner Through: Ms. Sudha Nim and Ms. Rashmi Bhardwaj, Advs. with the petitioner in person.

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Rajkumar, APP for the State with SI Nitin Kumar, PS Harsh Vihar. Mr. Davinder Kumar and Mr. Safal Budhiraja, Advs. for R-2. R-2 in person.

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R

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% 13.09.2024

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CRL.M.A. 22645/2024 (exemption from filing the certified copies of the annexures)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 5923/2024

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The present petition is filed seeking quashing of FIR No. 187/2023 dated 03.03.2023, for offences under Sections 468/471 of the Indian Penal Code, 1860 (‘ IPC ’), registered at Police Station Harsh Vihar, including all consequential proceedings arising therefrom. The said FIR was registered on a complaint filed by Respondent No. 2.

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CRL.M.C. 5923/2024

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This is a digitally signed order. 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 30/09/2024 at 12:51:18

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It is stated that the petitioner was married to the son of Respondent No.2. It is alleged that the petitioner had illicit relations with another person, namely, Sukhminder Singh. It is alleged that after the petitioner left the matrimonial home, her parents reached out to Respondent No.2 and his family members to resolve the disputes. The petitioner’s parents informed the complainant that they had lodged a complaint with Police Station Harsh Vihar on 19.06.2020 against the said Sukhwinder.

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On the basis of the assurances, Respondent No.2 and his family members allowed the petitioner to come back to the matrimonial house. It is alleged that the petitioner allegedly gave a copy of the said compliant that had been tendered on 19.06.2020 and the same bore the seal of Police Station Harsh Vihar. It is alleged that it was later found that the seal on the said complaint was forged and did not match the actual seal of the Police Station. It was also found that no such complaint had ever been tendered by Respondent No.2.

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Respondent No.2 filed a complaint under Section 156 (3) of the Code of Criminal Procedure, 1973 (‘ CrPC ’). Pursuant to the same, the present FIR was registered on the directions of the learned Magistrate.

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The learned counsel for the petitioner submits that the dispute arose due to matrimonial acrimony between the son of Respondent No.2 and the petitioner.

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He submits that the parties have since resolved their disputes and wish to live their lives peacefully in the future. He states that the parties have also agreed to cooperate for quashing of the other pending disputes between them.

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The present petition is filed on the ground that the matter is

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CRL.M.C. 5923/2024

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amicably settled between the parties by way of Compromise Deed dated 01.02.2024, on their own free will, without any pressure, force, coercion or undue influence.

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It is stated that the petitioner and Mr. Gaurav Kumar Sharma (son of Respondent No. 2) have already obtained a decree of divorce my mutual consent and they want to live their lives peacefully in future. 11. The parties are present in person in Court today, and have been duly identified by the Investigating Officer. 12. Respondent No.2, on being asked, states that he does not wish to pursue any proceeding arising out of the present FIR and has no objection if the present FIR is quashed. 13. Offences under Sections 468/471 of the IPC are noncompoundable in nature.

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It is well settled that the High Court while exercising its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’) ( erstwhile Section 482 of the CrPC) can compound offences which are non-compoundable on the ground that there is a compromise between the accused and the complainant. The Hon’ble Apex Court has laid down parameters and guidelines for High Court while accepting settlement and quashing the proceedings. In the case of Narinder Singh & Ors. v. State of Punjab & Anr. : (2014) 6 SCC 466 , the Hon’ble Supreme Court had observed as under :-

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“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

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CRL.M.C. 5923/2024

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to continue with the criminal proceedings:

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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.

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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:

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(i) ends of justice, or

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(ii) to prevent abuse of the process of any court.

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While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

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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.

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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

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CRL.M.C. 5923/2024

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resolved their entire disputes among themselves.

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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.”

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(emphasis supplied)

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Similarly , in the case of Parbatbhai Aahir & Ors. v. State of Gujarat & Anr. : (2017) 9 SCC 641 , the Hon’ble Supreme Court had observed as under :-

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“16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:

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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.

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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, 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.

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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.

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CRL.M.C. 5923/2024

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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.

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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.

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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.

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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.

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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.

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16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the

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CRL.M.C. 5923/2024

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possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and

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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.”

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(emphasis supplied)

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In the present case, it is alleged that the petitioner had forged a seal on a complaint to assure Respondent No.2 (the petitioner’s father-in-law at the time) and his family members of her intention to save her marriage. It is stated that the petitioner and the son of Respondent No.2 have since divorced. In the peculiar circumstances of the present case, when Respondent No.2 does not wish to pursue the proceedings arising out of the present FIR, no purpose will be served by keeping the dispute alive and the same will only cause ill will to fester between the parties.

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Keeping in view the nature of dispute and that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court. I am of the opinion that this is a fit case to exercise discretionary jurisdiction under Section 528 of the BNSS.

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In view of the above, FIR No. 187/2023 and all

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CRL.M.C. 5923/2024

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consequential proceedings arising therefrom are quashed.

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The present petition is allowed in the aforesaid terms.

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AMIT MAHAJAN, J

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SEPTEMBER 13, 2024

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‘KDK’

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CRL.M.C. 5923/2024

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This is a digitally signed order.

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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 30/09/2024 at 12:51:18

Shivani Sharma v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Shivani Sharma v. State NCT of Delhi and Anr.

Case brief

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