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Judgment
Writ Petition has been preferred on behalf of the petitioners under Article 226 of the constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.255/2018, under Sections 406/498A/34 IPC registered at Police Station: Shahdara and the proceedings emanating therefrom. Section 354 IPC is stated to have been subsequently invoked during the pendency of the proceedings, as pointed out by the learned APP for the State.
In brief, as per the case of the petitioners, marriage between petitioner No.1 and respondent No.2 was solemnized according to Hindu rites and ceremonies on 09.05.2016. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 could not live together and have been living separately. Further, on the basis of complaint of respondent no. 2, the present FIR No.255/2018, under Sections 406/498A/34 IPC was registered at Police Station: Shahdara.
The matter is stated to have been amicably resolved between the parties in terms of Memorandum of Understanding dated 20.12.2021. The marriage between the parties has been dissolved by mutual consent under Section 13-B of the Hindu Marriage Act, vide order dated 07.04.2022. Balance amount of Rs. 3,20,000/-, out of total settlement amount of Rs.13,20,000/- has been paid to respondent No. 2 vide DD No.554599 dated 05.07.2022 drawn on SBI, Mother Dairy Patparganj towards full and final settlement today.
Petitioners as well as respondent No.2 are present in-person in the Court today and have been identified by SI Kaushik Ghosh Yadav, PS: Crime Branch. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No.2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.
Learned APP for the State submits that in view of amicable settlement arrived between the parties, the State also has no objection in case the FIR in question is quashed.
Reference may be made to principles reiterated by Hon'ble Supreme Court in 'Ramgopal & Anr. vs. The State of Madhya Pradesh' in Criminal Appeal No.1489/2012 decided on 29.09.2021 for invoking powers under Section 482 Cr.P.C. for quashing of criminal proceedings:-
'19. We thus sum-up and hold that as opposed to Section 320 Cr.P.C. where the Court is squarely guided by the compromise between the parties in respect of offences 'compoundable' within the statutory framework, the extra-ordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between the accused and the victim; & (iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.”
I am of the considered view that merely because Section 354 IPC has been invoked, it cannot be held that proceedings cannot be quashed. The Court has to make an endeavour to find out if the allegations have been made in a routine course after the matrimonial differences erupted between the parties. It has been observed that over a period of time, there has been a general tendency of levelling such allegations under Section 354 IPC against the husband as well as other members of the family to wreak revenge, which are not substantiated or supported by any cogent evidence on record.
Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently FIR No.255/2018, under Sections 406/498A/34/354 IPC registered at Police Station: Shahdara and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also stands disposed of.
A copy of this order be forwarded to the concerned Trial Court for information.