Hanish Gupta & Anr vs State Through Sho And Ors

Ravinder Dudeja, J

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No.277/2020, dated 29.10.2020, registered at P.S Prashant Vihar, District Rohini, Delhi under sections 354/354(B)/323/341/506/509/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

As per allegations made in the FIR, during a mediation session at Rohini Court, petitioners physically assaulted respondents, tore respondent no. 2’s clothes thereby causing bleeding from respondent no.3’s ear. Chargesheet has since been filed under sections 354/354(B)/323/341/506/509/34 IPC against the petitioners.

During the proceedings, the parties amicably resolved their disputes before the counselling cell, Family Courts, Rohini, Delhi and in view of the same settlement dated 11.03.2021 was executed. It is submitted that petitioner no. 1 and respondent no. 2 have obtained divorce by way of mutual consent on 26.11.2021 and petitioner no. 1 has paid the entire settlement amount of Rs. 10,00,000/- (Rupees Ten Lacs only) along dowry articles as annexed in the settlement to respondent no. 2 as per the schedule in the settlement. Copy of the settlement has been annexed as Annexure P-4(Colly).

Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Satish Kumar, from PS Prashant Vihar.

Respondents confirm that the matter has been amicably settled with the petitioner without any force, fear, coercion and they have no objection if the FIR No. 277/2020 is quashed against the Petitioners.

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 277/2020 is quashed.

In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas recognized the need of amicable resolution of disputes 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."

Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC 675.

In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 277/2020, dated 29.10.2020, registered at P.S Prashant Vihar, District Rohini, Delhi under sections 354/354(B)/323/341/506/509/34 IPC and all the other consequential proceeding emanating therefrom.

In the interest of justice, the petition is allowed, and the FIR No. 277/2020, dated 29.10.2020, registered at P.S Prashant Vihar, District Rohini, Delhi under sections 354/354(B)/323/341/506/509/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

Petition is allowed and disposed of accordingly.

Pending application(s), if any, also stand disposed of.