Court’s Decision
The Delhi High Court quashed FIR No. 336/2019 registered under Sections 498-A/406/34 of the Indian Penal Code against the petitioners, observing that the dispute between the parties had been amicably settled. The Court held that “no useful purpose will be served in continuing with the present FIR” and allowed the petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Facts
- The petition was filed seeking quashing of the FIR based on a settlement arrived at between the complainant (Respondent No. 2) and her husband (Petitioner No. 1), who were married in July 2015.
- They have two children from the marriage.
- Due to temperamental differences, they started living separately, and the complainant lodged the FIR under Sections 498-A/406/34 IPC.
- Subsequently, both parties settled their disputes with the intervention of elders and began residing together on 16.03.2023.
- Though the written settlement agreement was not placed on record, a No Objection Affidavit was submitted by the complainant confirming the settlement.
Issues
Whether the High Court should exercise its power under Section 528 of the BNSS, 2023 to quash criminal proceedings under Section 498-A/406/34 IPC on the basis of a mutual settlement between the parties.
Petitioner’s Arguments
- The petitioners submitted that the dispute with the complainant had been amicably resolved.
- They reiterated that the settlement was voluntary and without any coercion or undue influence.
- They supported their claim with recorded statements before the Joint Registrar and presence during video conferencing.
Respondent’s Arguments
- The complainant (Respondent No. 2) confirmed her ongoing cohabitation with the petitioners and reiterated that the matter had been amicably resolved.
- She submitted she had no objection to the quashing of the FIR and the proceedings arising therefrom.
- She also confirmed that her No Objection Affidavit and the compromise deed dated 04.01.2024 were genuine and voluntarily executed.
Analysis of the Law
- Section 528 of the BNSS, 2023 (analogous to Section 482 CrPC) empowers the High Court to quash criminal proceedings to secure the ends of justice.
- The provision is invoked particularly when continuance of a criminal trial would amount to an abuse of the process of the court or where parties have amicably settled the matter.
Precedent Analysis
The Court relied on the judgment of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, where it was held:
“The High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings… and whether to secure the ends of justice, it is appropriate that criminal case is put to an end.”
This precedent recognizes the role of High Courts in quashing proceedings that have become redundant due to compromise, especially in matrimonial and family disputes.
Court’s Reasoning
- The Court noted that the settlement was voluntary, and both parties confirmed the same before the Joint Registrar and the Court.
- It observed that since the complainant had no objection and the State also did not oppose the quashing, continuing with the FIR would serve no useful purpose.
- The Court emphasized the importance of preserving matrimonial relationships when parties themselves have resolved their differences and begun cohabiting again.
Conclusion
The Delhi High Court held that in light of the amicable resolution and the complainant’s no objection, the FIR and all proceedings therefrom deserved to be quashed to serve the interest of justice. The petition was allowed accordingly.
Implications
- This judgment reiterates the High Court’s discretion to quash criminal proceedings in matrimonial cases where the parties have settled the matter amicably.
- It underscores the importance of avoiding prolonged litigation in cases where continuation would be futile and not in the interest of justice.
- The ruling promotes the legal principle of reconciliation in family matters, aligning with the Supreme Court’s jurisprudence.