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Judgment
Ravinder Dudeja, J
This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 526/2018, dated 20.12.2018, registered at P.S Subhash Place, Delhi under Sections 354/354(B)/506/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
Due to some matrimonial discord between respondent no. 2 and her husband were living separately since 13.07.2018. As per the allegations in the FIR, on 17.08.2018 respondent no. 2 was assaulted by petitioners when she went back to her matrimonial home to collect her belongings. FIR No. 526/2018 was lodged at the instance of respondent no. 2 at PS Subhash Place under sections 354/354(B)/506/34 IPC against the petitioners. Chargesheet has since been filed.
During the course of proceedings, the parties amicably resolved their disputes before the Family Courts, North West, Rohini Courts, Delhi and the terms of settlement were written in the form of a Settlement dated 18.07.2019. It is submitted that respondent no. 2 has obtained divorce by mutual consent from son of Petitioner no. 2 on 04.09.2019 and she has received all the goods/articles as stated in the settlement.
Ld. Counsel for the petitioners has produced the certified copy of the settlement deed dated 18.07.2019, the same is taken on record.
Petitioners are physically present before the Court while Respondent no. 2 has entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Rupesh Raj from PS Subhash Place.
Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion. She submits that she has since obtained divorce from her husband, received all the goods/articles as stated in the settlement and has no objection if the FIR No. 526/2018 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. 526/2018 is quashed.
In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has 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 above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.
In the interest of justice, the petition is allowed, and the FIR No. 526/2018, dated 20.12.2018, registered at P.S Subhash Place, Delhi under section 354/354(B)/506/34 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.