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Manpreet Singh & Ors. vs The State & Anr. (Govt.Of Nct Of … on 13 July, 2018

$~17 to 19
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 13.07.2018
+ CRL.M.C. 4923/2014 CRL.M.A. 16880/2014, 14173/2017
6493/2018

SABINDER KAUR ORS ….. Petitioners

versus

STATE ( GOVT OF NCT OF DELHI) ANR ….. Respondents

+ CRL.M.C. 1800/2018
MANPREET SINGH ORS ….. Petitioners

versus
THE STATE ANR (GOVT.OF NCT OF DELHI) …..Respondent

+ CRL.M.C. 1805/2018
MANPREET SINGH ORS ….. Petitioners

versus
THE STATE ORS (GOVT. OF NCT OF DELHI) ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. A.K.Vali and Mr.Tuhin, Advs. in
Crl.M.C.4923/2014
Mr.Mahavir Sharma and Mr.Kanwarpreet Singh,
Advs. in Crl.M.C.1800/2018 1805/2018.

For the Respondent: Mr.Raghuvinder Verma, APP for State with SI
Chote Lal, P.S.Punjabi Bagh.
Mr.Mahavir Sharma and Mr.Kanwarpreet Singh,
Advs for R-2 in Crl.M.C.4923/2014.
Mr.A.K.Vali and Mr.Tuhin, Advs. for R-3 in
Crl.M.C.1800/2018 and R-2 in Crl.M.C.1805/2018.

CRL.M.C. 4923/2014 connected matters Page 1 of 10
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

13.07.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.6436/2018 (exemption)
Crl.M.A.6444/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4923/2014 CRL.M.A. 16880/2014, 14173/2017
6493/2018; Crl.M.C.1800/2018 Crl.M.C.1805/2018

1. Learned counsel for the petitioner-Sh.Manpreet Singh-submits
that on account of urgent work, he had to travel out of India. He prays
for exemption of Manpreet Singh from personal appearance.

2. Affidavit in support of the petition has been filed by Manpreet
Singh and he is represented by his father. In view of the above,
exemption from personal appearance is granted to the petitioner-Shri
Manpreet Singh.

3. Petitioners in Crl.M.C.4923/2014 seek quashing of complaint
case No.654/1/2012 under Section 341/436/506/34 IPC as well as the
summoning order dated 31.07.2014 summoning the petitioners for an
offence under
Section 341/436/506/34 IPC.

4. Petitioners in Crl.M.C.1800/2018 seek quashing of FIR
No.53/2012 under
Section 498A/406/34 IPC, Police Station: Crime

CRL.M.C. 4923/2014 connected matters Page 2 of 10
(Women) Cell.

5. Petitioners in Crl.M.C 1805/2018 seek quashing of FIR
No.273/2012 under
Sections 353/186/323/34 IPC police Station:
Punjabi Bagh, Delhi, based on a settlement.

6. The complaint case and FIRs are cross cases and emanate out of
matrimonial discord.

7. Petitioners in Crl.M.C.4923/2014 are the wife and her family
members and petitioners in Crl.M.C.1800/2018 1805/2018 are the
husband and his family.

8. Learned counsels for the parties submit that the parties have
settled their disputes and have amicably dissolved their marriage by
mutual consent and decree of divorce dated 09.09.2013 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Delhi Mediation Centre, Dwarka
Courts, New Delhi on 18.02.2013.

9. As per the settlement, a total sum of Rs. 15,50,000/- was
agreed to be paid to the wife – respondent no. 2. Rs. 10,00,000/- has
already been paid to her. Balance amount of Rs.5,50,000/- has been
paid today in Court by way of Demand Draft Nos.667295 667296
dated 12.07.2018 drawn on Citibank.

10. Respondent no. 2 – wife is present in court in person,

CRL.M.C. 4923/2014 connected matters Page 3 of 10
represented by counsel and is identified by the Investigating Officer.
She confirms that she has received the entire sum of Rs. 15,50,000/-
from the petitioners.

11. The complainants in the complaint case and the respective FIRs
submit that they have settled all their disputes and are agreeable to the
settlement and do not wish to press the criminal charges against the
petitioners any further.

12. In FIR No.273/2012 there are allegations that the petitioners
had obstructed the Investigating Officer in performance of her duties
and had quarrelled with her and had done “Dhaka Mukki” (buffeted
her). As per the IO she was buffeted when she had entered the
premises for the purposes of recovery of dowry articles. Accordingly,
FIR has also been registered under
section 186 Cr.P.C.

13. Insofar as the offence under Section 186 Cr. P.C. is concerned,
the punishment prescribed for the said offence is three months or fine
which may extend to Rs.500/-, or both.

14. The Supreme Court in Gian Singh vs. State of Punjab: (2012)
10 SCC 303, held as under:-

“48. A five-Judge Bench of the Punjab and Haryana
High Court in
Kulwinder Singh v. State of
Punjab [(2007) 4 CTC 769] was called upon to
determine, inter alia, the question whether the High
Court has the power under Section 482 of the Code to

CRL.M.C. 4923/2014 connected matters Page 4 of 10
quash the criminal proceedings or allow the
compounding of the offences in the cases which have
been specified as non-compoundable offences under the
provisions of Section 320 of the Code. The five-Judge
Bench referred to quite a few decisions of this Court
including the decisions in Madhu Limaye [(1977) 4 SCC
551 : 1978 SCC (Cri) 10], Bhajan Lal [1992 Supp (1)
SCC 335 : 1992 SCC (Cri) 426], L. Muniswamy [(1977)
2 SCC 699 : 1977 SCC (Cri) 404], Simrikhia [(1990) 2
SCC 437 : 1990 SCC (Cri) 327] , B.S. Joshi [(2003) 4
SCC 675 : 2003 SCC (Cri) 848] and Ram Lal [(1999) 2
SCC 213 : 1999 SCC (Cri) 123] and framed the
following guidelines: (Kulwinder Singh case[(2007) 4
CTC 769] , CTC pp. 783-84, para 21)
“21. … ‘(a) Cases arising from matrimonial discord,
even if other offences are introduced for
aggravation of the case.

(b) Cases pertaining to property disputes between
close relations, which are predominantly civil in
nature and they have a genuine or belaboured
dimension of criminal liability. Notwithstanding a
touch of criminal liability, the settlement would
bring lasting peace and harmony to larger number
of people.

(c) Cases of dispute between old partners or business
concerns with dealings over a long period which
are predominantly civil and are given or acquire a
criminal dimension but the parties are essentially
seeking a redressal of their financial or
commercial claim.

(d) Minor offences as under Section 279 IPC may be
permitted to be compounded on the basis of
legitimate settlement between the parties. Yet

CRL.M.C. 4923/2014 connected matters Page 5 of 10
another offence which remains non-compoundable
is
Section 506(II) IPC, which is punishable with 7
years imprisonment. It is the judicial experience
that an offence under
Section 506 IPC in most
cases is based on the oral declaration with
different shades of intention. Another set of
offences, which ought to be liberally compounded,
are
Sections 147 and 148 IPC, more particularly
where other offences are compoundable. It may be
added here that the State of Madhya Pradesh vide
M.P. Act 17 of 1999 (Section 3) has made Sections
506(II) IPC, 147
IPC and 148 IPC compoundable
offences by amending the schedule under
Section
320 CrPC.

(e) The offences against human body other than
murder and culpable homicide where the victim
dies in the course of transaction would fall in the
category where compounding may not be
permitted. Heinous offences like highway robbery,
dacoity or a case involving clear-cut allegations of
rape should also fall in the prohibited category.
Offences committed by public servants purporting
to act in that capacity as also offences against
public servant while the victims are acting in the
discharge of their duty must remain non-
compoundable. Offences against the State
enshrined in Chapter VII (relating to army, navy
and air force) must remain non-compoundable.

(f) That as a broad guideline the offences against
human body other than murder and culpable
homicide may be permitted to be compounded
when the court is in the position to record a finding
that the settlement between the parties is voluntary
and fair.

CRL.M.C. 4923/2014 connected matters Page 6 of 10

While parting with this part, it appears necessary
to add that the settlement or compromise must
satisfy the conscience of the court. The settlement
must be just and fair besides being free from the
undue pressure, the court must examine the cases
of weaker and vulnerable victims with necessary
caution.’
To conclude, it can safely be said that there can never be
any hard and fast category which can be prescribed to
enable the court to exercise its power under
Section 482
CrPC. The only principle that can be laid down is the one
which has been incorporated in the section itself i.e. ‘to
prevent abuse of the process of any court’ or ‘to secure
the ends of justice’.”

***** ***** *****

58. Where the High Court quashes a criminal
proceeding having regard to the fact that the dispute
between the offender and the victim has been settled
although the offences are not compoundable, it does so
as in its opinion, continuation of criminal proceedings
will be an exercise in futility and justice in the case
demands that the dispute between the parties is put to an
end and peace is restored; securing the ends of justice
being the ultimate guiding factor. No doubt, crimes are
acts which have harmful effect on the public and consist
in wrongdoing that seriously endangers and threatens the
well-being of the society and it is not safe to leave the
crime-doer only because he and the victim have settled
the dispute amicably or that the victim has been paid
compensation, yet certain crimes have been made
compoundable in law, with or without the permission of
the court. In respect of serious offences like murder,
rape, dacoity, etc., or other offences of mental depravity
under
IPC or offences of moral turpitude under special

CRL.M.C. 4923/2014 connected matters Page 7 of 10
statutes, like the
Prevention of Corruption Act or the
offences committed by public servants while working in
that capacity, the settlement between the offender and the
victim can have no legal sanction at all. However, certain
offences which overwhelmingly and predominantly bear
civil flavour having arisen out of civil, mercantile,
commercial, financial, partnership or such like
transactions or the offences arising out of matrimony,
particularly relating to dowry, etc. or the family dispute,
where the wrong is basically to the victim and the
offender and the victim have settled all disputes between
them amicably, irrespective of the fact that such offences
have not been made compoundable, the High Court may
within the framework of its inherent power, quash the
criminal proceeding or criminal complaint or FIR if it is
satisfied that on the face of such settlement, there is
hardly any likelihood of the offender being convicted and
by not quashing the criminal proceedings, justice shall be
casualty and ends of justice shall be defeated. The above
list is illustrative and not exhaustive. Each case will
depend on its own facts and no hard-and-fast category
can be prescribed.”

15. The proceedings are offshoot of a matrimonial discord. The
petitioners who are present in person regret their conduct and express
remorse and have submitted that the said offence happened in the heat
of the moment as at that point of time relations between the parties
were very strained. Now parties have settled their disputes and have
prayed that the subject FIR be quashed qua the said offence also.

16. Learned APP further informs that in the above referred
complaint case, i.e. 654/1/2012, IO has also been arrayed as an

CRL.M.C. 4923/2014 connected matters Page 8 of 10
accused and has been summoned by the Court. He prays that since the
entire proceedings are being quashed, the proceedings be also quashed
qua her.

17. In my view, since disputes emanate out of a matrimonial
discord and the parties have settled their disputes, no fruitful purpose
would be served in continuing with the proceedings. Continuation of
criminal proceedings will be an exercise in futility and justice in the
case demands that the dispute between the parties is put to an end and
peace is restored; securing the ends of justice being the ultimate
guiding factor. Insofar as the allegations with regard to commission of
an offence under
Section 186 are concerned, I am of the view that the
said offence alleged to have been committed is really an offshoot of
the main dispute between the petitioners and the respondent No.2.
Ends of justice would be served, in case, the petitioners are directed to
deposit cost for the time spent in the investigation by the police
offices.

18. In view of the above, (i) complaint case No.654/1/2012 under
Section 341/436/506/34 IPC as well as the summoning order dated
31.07.2014 summoning the petitioners for an offence under
Section
341/
436/506/34 IPC, (ii) FIR No.53/2012 under Section 498A/406/34
IPC, Police Station: Crime (Women) Cell and (iii) FIR No.273/2012
under
Sections 353/186/323/34 IPC police Station: Punjabi Bagh,
Delhi and all consequent proceedings emanating there from are

CRL.M.C. 4923/2014 connected matters Page 9 of 10
quashed against the petitioners as also against the IO SI Adithi Lily
(Now Inspector Adithi Lily) subject to consolidated cost of
Rs.20,000/- to be paid by the petitioners in Crl.M.C.1805/2018 to the
Delhi High Court Bar Association Employees Welfare Fund within a
period of three weeks. The receipt of deposit of the costs imposed by this
Order be furnished to the concerned Investigating Officer within a period of
four weeks from today.

19. Petitions are disposed of in the above terms.

20. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 13, 2018
rk

CRL.M.C. 4923/2014 connected matters Page 10 of 10

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