In a significant legal development, the Delhi High Court has ruled in favor of quashing FIR No. 408/2023 following an amicable settlement between Chander Mohan and Sneh Lata. The case, stemming from deep-rooted matrimonial differences, has been resolved in a manner that promotes harmony and closure for the parties involved. This judgment marks a crucial step towards resolving disputes and upholding justice in family matters.
Facts
- The disputes primarily arise from matrimonial differences between Chander Mohan and Sneh Lata.
- The two sons born out of wedlock are in the custody of Chander Mohan.
- Chander Mohan received the entire amount in the Settlement Deed on behalf of himself.
- On 01.06.2023, Sneh Lata entered Chander Mohan’s office with her parents and allegedly attempted to harm him.
- Sneh Lata assaulted Chander Mohan and attempted to take his belongings, including a laptop, cash, and bag.
- Chander Mohan was stopped from retrieving his belongings by Sneh Lata’s parents, Mahender Singh Dhillon and Saroj Devi.
- The FIR was registered based on a complaint by Chander Mohan, alleging Sneh Lata’s misconduct at his office.
- The marriage between Chander Mohan and Sneh Lata has been dissolved by mutual consent through a decree of divorce.
- Charge-sheet has been filed under various sections of the IPC.
Arguments
- The Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection to quashing the FIR in question.
Analysis
- The power to quash criminal proceedings or complaints/FIRs can be used when parties compromise and conviction is unlikely.
- The decision to quash depends on the specific facts of each case.
- Less serious offenses with civil dispute elements or minor incidents where the victim is compensated may be considered for quashing.
- Heinous crimes like murder, rape, and dacoity cannot be quashed even if there is a settlement.
- Section 482 of the Cr.P.C. can be used for securing justice and preventing court process abuse.
- Principles for quashing of FIR have been delineated in Gian Singh vs State of Punjab & Anr., (2012) 10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors. vs State of Gujarat & Anr., (2017) 9 SCC 641.
- FIRs under Sections 308/323/341/34 IPC have been quashed in ‘Laxman Karotia & Ors. vs The State NCT of Delhi & Ors.’ based on settlement between the parties.
- No past involvement of the petitioners brought to the notice of the Court
- The Court found no prior engagement of the petitioners in the matter at hand
- Petitioners have a clean record with no disclosed previous participation
Decision
- The matter has been amicably settled between the parties.
- Parties intend to put an end to the proceedings due to matrimonial differences.
- No coercion or pressure was involved in the settlement.
- Settlement promotes harmony between the parties.
- FIR No 408/2023, under various sections of IPC, registered at PS Kalkaji is quashed.
- Authorities will take care of the upkeep of the saplings/trees.
- Petitioners are directed to plant 50 saplings of trees up to 3 feet height in local parks at PS Kalkaji.
- Non-compliance may lead to a cost of Rs. 50,000 deposit with Delhi State Legal Services Authority.
- Pending applications are disposed of as well.
- Continuation of proceedings would be an abuse of the court’s process.
- Photographs of planted saplings and a report need to be sent to the court within eight weeks.
- Chances of conviction are low due to the amicable settlement.
Case Title: SNEH LATA & ORS. Vs. STATE (NCT OF DELHI) & ANR. (2024:DHC:3701)
Case Number: CRL.M.C.-855/2024
