- Court
- High Court of Punjab and Haryana
- Decided
- 30 April 2024
- Bench
- Sumeet Goel
- Case no.
- CRM-M 10503/2024
Judgment
SUMEET GOEL, J. (Oral)
1. The present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 by the petitioner for quashing of FIR No.166 dated 24.05.2022 (Annexure P-1) registered for the offences punishable under Sections 323, 342, 354-C, 376-D, 406, 498-A, 506, 34 of IPC (challan presented in Sections 323, 406, 498-A, 506 of IPC and all other sections have been deleted during investigation) at Police Station City Mahendergarh, District Mahendergarh, which was got lodged by respondent No.2 (herein)- wife as also all subsequent proceedings emanating therefrom on the basis of mutual agreement/settlement dated 29.07.2022 entered into between the petitioner-husband and respondent No.2-wife. The allegations in the FIR primarily relate to the allegations of harassment on account of dowry and Istridhan related criminal breach of trust. The relevant part of compromise/settlement deed dated
29.07.2022 entered into between the petitioner-husband and respondent No.2-wife (copy whereof has been appended as Annexure P-3) reads as under:- CRM-M-10503-2024 2
"1. That the deponent is a permanent resident of the above mentioned address.
2. That deponent marriage was solemnized on 9.12.2020 with Amit, son of Naresh Kumar Singhal, resident of Anaj Mandi, Narnaul district, Mahendragarh and after marriage, deponent had a rift with deponent's husband and they did not have mutual understanding and did not like each other. The rift increased considerably and a lawsuit broke out between deponent and her husband Amit and with his family family members.
3. That deponent has filed an FIR against the above mentioned Amit and Amit's family members. FIR No.166 Dated 24.5.2022 U/s 323/34/342/354C/376D/406/498A/506 Ps CT Mahendergarh has been registered and now all the differences between deponent and deponent 's husband have been resolved and deponent has also been agreed regarding expenses and Domestic Violence Act and the petition for divorce by mutual consent of deponent and deponent's husband has been filed in Court of Shri Virendra Malik Family Court, Mahendragarh on 29.7.2022 and get the statements of both the parties have been recorded and the amount for full and final maintenance agreed, that amount of Demand draft of Rs.7,00,000/- is available in the Court on request in Divorce case of Pooja v/s Amit Singhal Case No. 107/2022 and now Deponent has resolved all its disputes with public sentiments, thus as per the above agreement, even in the FIR, Deponent does not want to take any action against accused in future. In any case, litigation increases enmity, hence keeping in mind the above-mentioned agreement, FIR No. 166/2022 P.S-City Mahendergarh also does not want any action and the deponent has no objection in canceling/ untracing the FIR with my consent, I will withdraw all the civil and criminal proceedings that have been taken against the accused Amit Singhal and his family.
4. That the deponent has given the above statement on his own free will, consciously and without any pressure and there is no pressure of any kind on him."
2. Notice of motion of the instant petition was issued on
12.03.2024. Service was effected upon respondent No.2 but she has chosen to remain unrepresented.
3. Learned counsel for the petitioner has argued that the entire dispute(s) between the petitioner-husband and the respondent No.2-wife was amicably settled & the petitioner-husband has fulfilled in entirety 2024.05.01 16:03 requirement(s)/condition(s) on his part as per the terms of the CRM-M-10503-2024 3
settlement/compromise deed dated 29.07.2022. It has been further submitted that the respondent No.2-wife has received from the petitioner-husband a total sum of Rs.7.00 lacs as full and final settlement amount. Learned counsel has further submitted that a mutual consent divorce decree has also been passed by the Principal Judge, Family Court at Mahindergarh on
10.02.2023; the respondent No.2-wife had withdrawn the petition filed under Section 125 of Cr.P.C. for grant of maintenance as also the complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 in pursuance of the aforesaid compromise. The relevant part of the joint statement made by petitioner-husband and respondent No.2-wife (in second motion herein) reads as under:- "That all the disputes between us have been settled in an amount of Rs.7,00,000/- as full & final settlement of permanent alimony, maintenance allowance for past, present and future and Istridhan etc. Petitioner No.1 received an amount of Rs.7,00,000/- through DD NO.021041 of HDFC Bank Narnaul (renewed) from petitioner No 2 today. If the said DD was found fake during the encashment then petitioner no. 2 will be liable for criminal and civil liabilities. Petitioner no.1 states that she has no right, title or vested interest in the property (existing or to be acquired in future as well as from ancestral property of petitioner no.2), income or pension etc, of petitioner no.2 for herself. Now, nothing is due in lieu of full & final settlement of permanent alimony, maintenance allowance for past, present and future and Istridhan etc A FIR No 166 of 2022 PS City M/garh u/s 498A,406 etc is pending in the Court of Sh. Munish Nagar, SDJM, Mohindergarh. Petitioner No, 1 bound to gave his no objection and cooperate with the second party i.e. petitioner no.2 in quashing petition which will be filed by the petitioner no.2 before the Hon'ble High Court and not contest the same in any court. We shall be bound with term and conditions of the petition. We shall not file any case in future against each other. Kindly pass a decree of divorce by way of mutual consent."
Learned counsel has thus argued that, respondent No.2-wife is now intentionally not turning up to have her requisite statement recorded for CRM-M-10503-2024 4
quashing of the impugned FIR in terms of the compromise/settlement entered into between the parties, only with a view to harass the petitioner as also to prolong the litigation. Thus, it has been argued that the FIR in question as also all proceedings emanating therefrom deserve to be quashed.
4. Learned State counsel has not denied the factual aspects raised by learned counsel for the petitioner. Learned State counsel has further submitted that, as per her instructions, the compromise/settlement (Annexure P-3) was, infact, entered into between the petitioner-husband and respondent No.2-wife.
5. I have heard learned counsel for the parties and have perused the record.
6. It would be apposite to refer herein to a judgment of this Court passed in CRM-M-40359-2022 titled as Deepak vs. State of Haryana and another, decided on 29.04.2024; relevant whereof reads as under:- "8. Though Section 498-A was brought into the IPC, by way of an amending act of 1983, with the salutary objective of curbing the evil of dowry, but judicial experience evinces that this provision along with Section 406 of IPC is being heavily misapplied by the complainant-wife to settle score(s) with her husband and his family members. This Court in the case of Varun Sharma (supra) has held that, it has been noticeable in several cases, that the wife tends to initiate criminal proceedings under Section 498-A of IPC against her husband as also his relatives, as a means of a 'solution seeking redressal mechanism' rather than actually seeking to criminally prosecute them. On numerous occasions an individual wail does not ensue due to a vengeful proclivity or anger, but owing to distressing disappointment endured by a discontented spouse (wife, in the present case), in securing a copacetic solution of the matrimonial discord. The predicament of such a discontented partner (wife) is exacerbated when she is mentally/emotionally enervated due to, inter alia, an acceptable solution not seemingly forthcoming, as a result resorting to actuating a torsion of criminal prosecution. Yet, the abovesaid cannot be stated to be true in all the cases. Nevertheless, the fact remains, that the above-said situation is true for a large volume of cases being preferred in the Court(s). Ergo, the Courts ought to be prudent and cautious in dealing with such cases and must take into consideration I attest to the accuracy and all the pragmatic realities while evaluating the matrimonial discord related CRM-M-10503-2024 5
criminal cases. The Courts cannot be oblivious to countenancing the pragmatic and realistic necessities of time. The High Court, while exercising inherent and intrinsic powers under Section 482 of Cr.P.C. of 1973; ought to countenance the tangible and concrete realities and cannot engirth itself in an ivory tower.
8.1 It has been observed, inveterately, that a wife after having entered into a willful and valid compromise/settlement with the accused-husband and/or his family members, tends to reap all the benefits thereof and, thereafter, does not step forward for undertaking the necessary steps towards having the FIR in question quashed. The Hon'ble Supreme Court in cases of Ruchi Agarwal (supra) and Mohd. Shamim (supra) have extensively dealt with such like situation(s) & has enunciated that once the wife has reaped the benefit, she sought without contest on the basis of terms of such a compromise, it can be readily and unequivocally deciphered that conduct of such a wife in adopting dilatory tactics is only aimed at causing harassment to the husband/his family members. It is a settled cannon of our jurisprudence that credibility in the functioning of the justice delivery system and the reasonable perception of the affected parties are, but of-course, relevant considerations to ensure the continuation of public confidence in the credibility as also majesty of our jurisprudential set-up. Needless to say that faith of people in the efficacy of law is; saviour and succour for the sustenance of the rule of law.
8.2 The essential question that next arises is as to whether the High Court, by way of exercising of powers under Section 482 of Cr.P.C., can quash such an FIR (as also proceedings arising therefrom) in such a situation as was before Hon'ble Supreme Court in cases of Ruchi Agarwal (supra) and Mohd. Shamim (supra). The nature, scope and ambit of powers of the High Court under Section 482 of Cr.P.C., 1973 have been copiously delineated in the case of Talima (supra). The essential postulate that emerges is that the High Court; in its inherent jurisdiction under Section 482 of Cr.P.C.; has unbridled, unfettered and plenary powers. The only restriction on exercise of such powers is self restraint. Further, the nature, mode and extent of exercise of such intrinsic powers by the High Court depend upon the judicial discretion required to be wielded by a High Court in the facts and circumstance of a given case.
8.3 The Hon'ble Supreme Court in the case of Mahmood Ali case (supra) has held that in case of vexatious or malicious proceedings, the High Court is saddled with a bounden duty to look into the attending circumstances as also can even go on to read between the lines, while considering a plea for quashing of an FIR (as also all proceedings arising therefrom). It is hence ineluctable that ends of justice are higher than ends of mere law though justice ought to be administered according to laws made by the legislature. Accordingly; the High Court in exercise of its inherent powers under Section AJAY KUMAR integrity of this document 482 of Cr.P.C. of 1973; can even well "read between the lines" as also CRM-M-10503-2024 6
examine the "attending circumstances" in a case if its facts/circumstances so warrant.
9. As a sequel to above discussion, the following principles emerge: I.(i) In an FIR, arising from matrimonial related dispute, where the complainant/wife has reaped the benefits of a compromise/settlement & nothing more is required to be done by the accused-side/husband then such FIR (as also proceedings emanating therefrom) deserves to be quashed.
(ii) In a case of above kind; the complainant/wife may, but of-course, raise plea(s) that such compromise/settlement was a result of fraud/coercion/duress etc. However, such plea(s) ought to be substantiated by tangible material and merely bald assertion in that regard would not suffice. Furthermore, before allowing the wife to raise such a plea(s), the Court may also consider directing the complainant/wife to return the financial benefit(s) received in pursuance of such compromise/settlement. II. In a case where the accused side/husband has undertaken some steps, in terms of as also in furtherance, of the compromise/settlement & such accused are willing to undertake all further/remaining act(s), as required in terms of such compromise/settlement; the High Court will be well within its jurisdiction, under Section 482 of Cr.P.C. of 1973, to favorably consider such quashing petition upon the further/remaining act(s) being so undertaken by the accused side/husband. III. No comprehensive/exhaustive guidelines can possibly be laid-down in this regard as every case has its own unique factual conceptus. Needless to state that the High Court may exercise its intrinsic powers under Section 482 of Cr.P.C. of 1973 as called for in the facts/circumstance of a particular case."
7. As per the case pleaded by the petitioner, a compromise deed/agreement dated 29.07.2022 was entered into between the petitioner-husband and respondent No.2-wife. Acting upon the said settlement/compromise, the respondent No.2-wife has received a sum of Rs.7.00 lacs (towards her entire maintenance/permanent alimony) from petitioner-husband and a decree of divorce (on account of mutual consent) has also since been passed by the concerned Family Court. It, accordingly, is indubitable that respondent No.2-wife has reaped all benefits from the compromise/settlement deed in question and a decree of divorce (by way of I attest to the accuracy andmutual consent) also stands passed. CRM-M-10503-2024 7
7.1 The above said factual matrix clearly reflects that the continuation of proceedings in the impugned FIR is nothing but sheer abuse of process of law and Courts. Nothing except harassment would be caused to the petitioner in case the proceedings in pursuance of the impugned FIR are permitted to continue. This Court, especially while exercising its inherent powers under Section 482 of Cr.P.C. of 1973, cannot be expected to turn Nelson's eye to the vexatious and virulent attempt(s) by unscrupulous elements in misusing the process of law in Courts. Hence, it would be expedient in the interest of justice that the impugned FIR (as also the proceedings emanating therefrom) are quashed.
7.2 Before parting with this judgment, it is pertinent to note that the conduct of respondent No.2-wife is inexplicable in terms of bona fide. Any attempt to misuse the process of law/Courts ought to be detested. The feeling of rancor or bitterness cannot be permitted to be genesis for procrastinating the culmination of legal proceedings especially when settlement/compromise has been arrived at between the rival parties. Abhorrence of such attempt(s) is pertinent. Ergo, the respondent No.2-wife deserves to be saddled with costs, which essentially ought to be in the nature of veritable real time costs. Decision
8. In view of the above, it is directed as follows:
(i) The impugned FIR No.166 dated 24.05.2022 (Annexure P-1) registered for the offences punishable under Sections 323, 342, 354-C, 376-D, 406, 498-A, 506, 34 of IPC (challan presented in Sections 323, 406, 498-A, 506 of IPC and all other sections have been deleted during investigation) at Police Station City Mahendergarh, District Mahendergarh as also all proceedings emanating therefrom are quashed. CRM-M-10503-2024 8
(ii) The respondent No.2-wife is saddled with costs of Rs.25,000/- which shall be deposited by her with Chief Judicial Magistrate (CJM), Mahendergarh at Narnaul within four weeks from today. In case such costs are deposited; CJM, Mahendergarh at Narnaul shall have the same remitted to Haryana State Legal Services Authority, Panchkula. In case, the said costs are not deposited by respondent No.2-wife as directed for; the CJM, Mahendergarh at Narnaul is directed to intimate the Deputy Commissioner, Mahendergarh at Narnaul who shall have such costs recovered from respondent No.2-wife as arrears of land revenue and upon realization thereof, the Deputy Commissioner, Mahendergarh at Narnaul shall have the same submitted to CJM, Mahendergarh at Narnaul, for further remittance thereof to Haryana State Legal Services Authority, Panchkula. A compliance report be sent by CJM, Mahendergarh as also Deputy Commissioner, Mahendergarh to this Court accordingly.
(iii) Registry is directed to transmit a copy of this judgment to respondent No.2-wife; CJM, Mahendergarh as also Deputy Commissioner, Mahendergarh for requisite compliance.
9. Pending application(s), if any, shall also stand disposed off.
(SUMEET GOEL) JUDGE
April 30, 2024 Ajay
Case details
Parties and counsel
CRM-M-10503-2024 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 259 CRM-M-10503-2024 Date of decision: 30.04.2024 Amit Singhal ....Petitioner V/s State of Haryana and another ....Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Sandeep Kumar Yadav, Advocate for the petitioner. Ms. Ankita Ahuja, AAG Haryana. None for respondent No.2. *****
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.