High Court of Delhi

Girish Pandey & Ors. v. State And Anr.

MANU/DE/2860/2016

20.10.2016

Family

FIR can be quashed in case of non-compoundable offences, if Court is satisfied that facts and circumstances of case so warrant

Present petition filed by Petitioners, for quashing of FIR No.653/2013 dated 17th July, 2013, under Sections 498-A/406/34 Indian Penal Code, 1860 (IPC) registered at Police Station Shakarpur on basis of Mediation Report of Delhi Mediation Centre, in view of the settlement arrived at between Petitioner no.1 and respondent no.2. Respondent No.2 stated that she has entered into a settlement with Petitioners and has settled all disputes with them.

The inherent powers of High Court ought to be exercised to prevent abuse of process of law and to secure ends of justice. Respondent No.2 agreed to quashing of FIR in question without any threat or coercion or undue influence and has stated that, matter has been settled out of her own free will. As matter has been settled and compromised amicably, so, there would be an extraordinary delay in process of law, if legal proceedings between the parties are carried on.

In B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC 675, Hon’ble Apex Court justified exercise of powers under Section 482 Cr.P.C. to quash proceedings to secure ends of justice in view of special facts and circumstances of case, even where offences were non-compoundable. In light of aforesaid, this Court is of view that notwithstanding fact the offence under Section 498A IPC Act is non-compoundable offence, there should be no impediment in quashing the FIR under this section, if the Court is otherwise satisfied that the facts and circumstances of the case so warrant.

As matrimonial disputes are mainly between husband and wife and personal matters are involved in such disputes, so, it requires conciliatory procedure to bring a settlement between them. Nowadays, mediation has played a very important role in settling disputes, especially, matrimonial disputes and has yielded good results. The Court must exercise its inherent power under Section 482 Cr.P.C. to put an end to matrimonial litigations at earliest so that the parties can live peacefully.

Since subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between parties, therefore, continuance of proceedings arising out of FIR in question would be an exercise in futility and is a fit case for this Court to exercise its inherent jurisdiction. Delhi High Court while allowing Petition quashed the FIR in question.

Relevant

B.S. Joshi and others v. State of Haryana and another 2003 (4) SCC 675

Tags : FIR Inherent powers Quashing

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