In a landmark decision by the Delhi High Court, harmony has been restored in the case of ‘R’ & ‘S’ v. State of Delhi. The legal battle stemming from allegations of sexual harassment and threats of violence has come to an end with a mutual settlement between the parties. This resolution signifies a new chapter in the lives of those involved, paving the way for healing and reconciliation. #LegalVictory #QuashingFIR #SettlementAgreement
Facts
- Allegations of sexual harassment by ‘R’ & ‘S’ (brothers of the petitioner’s husband) were made by the wife.
- Accused threatened to kill the son of the wife after administering sleeping pills.
- Chargesheet filed only against the petitioners after investigation, as role of other family members could not be corroborated.
- Matrimonial disputes between the petitioner and wife led to proceedings.
- Settlement between the parties dated 29.11.2022 resolved the matrimonial issues.
- Marriage between the petitioner and wife dissolved by mutual consent under Hindu Marriage Act.
- Rs. 5,00,000/- paid to wife in terms of settlement, with Rs. 4,00,000/- through DD and Rs.1,00,000/- in cash.
- No objection from the State APP to quash the FIR due to amicable settlement.
- Parties confirm amicable settlement without coercion, threats, or pressure.
- Wife has no objection to quashing the FIR.
- Petitioners seek to quash proceedings under Section 482 of Cr.P.C.
- Court can exercise quashing powers based on settlements, considering nature of offence and impact on society.
- Serious offences like murder, rape, or dacoity cannot be quashed even with settlements.
- Minor personal incidents can be considered for quashing based on settlement.
- High Court can assess evidence and possibility of conviction even with compromise.
- Settlement aims to bring harmony and closure to the proceedings stemming from matrimonial disputes.
- Original FIR alleged attempted killing with sleeping pills by petitioner’s in-laws and siblings on 10.07.2018.
Analysis
- Chances of conviction are low due to amicable settlement between the parties
- Likelihood of reaching a settlement agreement is high
- The parties involved may prefer to resolve the matter outside of court
Decision
- Pending application and FIR related to the case have been disposed of.
- Continuation of proceedings deemed as an abuse of court process.
- If directions for planting trees are not followed, petitioners must deposit Rs. 10,000 each with Delhi State Legal Services Authority.
- Delay of 9 days in re-filing the petition has been condoned.
- Since the matter is settled between parties, keeping the case pending serves no purpose.
- Saplings/trees upkeep to be managed by authorities.
- Instead of imposing costs, petitioners must plant 10 saplings each in local parks of P.S. Tilak Nagar.
- Saplings should be up to 3 feet in height and planted after contacting the relevant authorities.
- Photos of planted saplings and a report need to be sent to the Court within eight weeks.
Case Title: GAURAV KUMAR & ORS. Vs. THE STATE AND ANR (2024:DHC:4013)
Case Number: CRL.M.C.-3978/2024
