Neeraj Kumar & Ors. vs State Govt Of Nct Of Delhi & Anr.

Dinesh Kumar Sharma, J

The present petition has been preferred under Section 482 Cr.P.C. for quashing the FIR No. 388/2019 U/s 498A/406/34 IPC registered at P.S. K.N.K.Margand all other proceedings emanating therefrom.

Facts, in brief, are that the marriage between petitioner no. 1 and Respondent No.2/complainant namely Ms. Rashmi was solemnised on 21.04.2015 as per the Hindu rites and customs at Delhi. No child was born out of this wedlock. However, owing to misunderstanding and temperamental differences, the parties started living separately from 17.09.2017.

Respondent no. 2/complainant made a complaint against the petitioner no. 1 and his family members which later culminated into above mentioned FIR No. 388/2019 U/s 498A/406/34 IPC registered at P.S. K.N.K.Marg

The present petition has been filed on the ground that the parties have arrived at settlement dated 23rd September, 2022 before the learned Judge, Family Court, South-West, Dwarka. Delhi. As per the settlement, it has been agreed that petitioner no. 1 will pay Rs. 8,00,000/- towards full and final settlement of the entire dispute.

Learned Counsel for the petitioners submit that pursuant to the settlement, a mutual divorce petition was filed and the decree of divorce has been granted vide order dated 24.11.2022 by the learned Principal Judge, Family Court, South-West, Dwarka, Delhi. He submits that since the parties have amicably resolved all their grievances, no purpose would be served in continuing with the proceedings emanating from the above mentioned FIR.

The parties have appeared before this court and have duly been identified by the IO. The statement of Respondent No.2/complainant has been recorded separately wherein she has confirmed the terms of the settlement. She has further stated that she has already been paid Rs.5,00,000/-. Remaining sum of Rs.3,00,000/- has been received by way of a Demand Draft bearing No. 00500310 dated 08.12.2022 drawn on IDFC First Bank. She has also stated that she has entered into the settlement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion. The affidavit of Respondent no. 2/complainant has also been placed on record wherein she has stated that she has no objection if FIR No. 388/2019 U/s 498A/406/34 IPC registered at P.S. K.N.K.Marg and all other proceedings emanating therefrom are quashed.

The scope of powers conferred under Section 482 Cr.P.C. though wide but has to be exercised with circumspection. Such power has to be exercised in accord with the guidelines engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law.

Placing reliance on Gian Singh v. State of Punjab, (2012) 10 SCC 303 it can be stated that it is the duty of courts to encourage genuine settlements. Even if offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parries have settled the same amicably and without any pressure, Section 320 would not be a bar to the exercise of power of quashing of FIR complaint or subsequent criminal proceedings.

It is pertinent to note that the Supreme court and this court have consistently encouraged the amicable settlement of disputes arising out of marital discord. Recently, the Supreme court in Jasmair Singh and Another vs. State of Haryana and Another (2022) 9 SCC 73 quashed the proceedings arising out of a matrimonial dispute on the ground that the parties have buried the hatchet and decided to give quietus to the proceedings which were lodged inter se.

Furthermore, a Coordinate Bench of this Court in CRL.M.C. No. 599/2021 tilted Rifakat Ali & Ors Vs. State & Anr.’, decided on 26.02.2021 and in CRL.M.C. No. 2819/2022 titled ‘Sh. Shailesh Deshwal vs. State of NCT of Delhi & Anr.’ decided on 03.08.2022, following the settled principles enumerated above, have exercised their power under section 482 CrPC to quash criminal proceedings in matrimonial cases, whereby parties have amicably arrived upon a genuine settlement.

Keeping in view the aforesaid principle and the nature of the dispute and the fact 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 an abuse of the process of Court. I am of the considered opinion that it is a fit case where discretionary jurisdiction can be exercised and the proceedings are quashed.

Accordingly, the case FIR No. 388/2019 U/s 498A/406/34 IPC registered at P.S. K.N.K.Marg, Rohini and all the proceedings emanating therefrom are quashed.

The present petition stands disposed of.