High Court · 2025

1. A short counter affidavit has been filed by Sri Vipul Kumar Singh, learned counsel for respondent no.3, which is taken on record.

2. Heard Sri P.K. Mishra, learned counsel for the petitioners, Sri Vipul Kumar Singh, learned counsel for the informant/respondent no.3 and Sri G.P. Singh, learned A.G.A. for the State respondents.

3. The present writ petition has been preferred with prayer to quash the impugned First Information Report dated 12.05.2024 registered as Case Crime No.204 of 2024, under Section 379, 495, 498 and 506 IPC, P.S. Noida Sector-24, District- Gautam Buddh Nagar on the basis of compromise and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

4. Learned counsel for the petitioners submitted that first petitioner is wife of respondent no.3 and their relation has been estranged and proceedings for divorce was also drawn before the Principal Judge, Family Court, Gautam Buddh Nagar. In this backdrop, learned counsel for the petitioners submitted that the parties have already settled the dispute and a divorce decree has already been filed before the competent court under Section 13B of the Hindu Marriage Act, 1955 and hence, the impugned FIR is liable to be quashed.

5. Learned counsel for the informant, placing reliance on para 4 of the short counter affidavit filed today, has admitted the aforesaid fact and states that the parties have amicably decided to resolve their discord and an application for divorce u/s 13B of Hindu Marriage Act, 1955 has already been moved before the Principal Judge, Family Court, Gautam Buddh Nagar. He next contended that he has no objection in case the impugned FIR is quashed.

6. Learned A.G.A. states that charge sheet has been prepared and is to be submitted before the competent court, however, he has also no objection in case the impugned FIR is quashed in terms of compromise.

7. It is jointly submitted that this being an offshoot of a matrimonial dispute, same has come to be amicably resolved and as such, the pending proceedings would serve no purpose and the same are liable to be quashed in the light of the judgements of the Hon'ble Apex Court in the case of B.S. Joshi v. State of Haryana and others, 2003(4) SCC 675, and Gian Singh v. State of Punjab, 2012(10) SCC 303.

8. The Hon'ble Apex Court in the case of B.S Joshi (supra) has held that in case the matrimonial dispute has come to an end, under a compromise/settlement, between the parties, then notwithstanding anything contained under Section 320 IPC, there is no legal impediment for this court to quash the proceedings of Section 498-A I.P.C etc, which has matrimonial flavour under its inherent powers in view of the recorded settlement between the parties. The Apex Court in the case of Gian Singh (supra) has held in para-61 that; "the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

9. Considering the aforesaid factual situation and also the short counter affidavit filed by respondent no.3/informant, we do not find substance in the submission of learned A.G.A. that initially charge sheet has been prepared. Considering the settlement arrived at between the parties, in our view, continuation of impugned criminal proceedings, would amount to gross abuse of process of law.

10. In view of aforesaid facts and circumstances of the case as well as law laid down by the Hon'ble Supreme Court, the writ petition is allowed and the impugned First Information Report dated 12.05.2024 registered as Case Crime No.204 of 2024, under Section 379, 495, 498 and 506 IPC, P.S. Noida Sector-24, District- Gautam Buddh Nagar as well as all consequential proceedings are hereby quashed. Order Date :- 4.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) MANISH HIMWAN High Court of Judicature at Allahabad

1. A short counter affidavit has been filed by Sri Vipul Kumar Singh, learned counsel for respondent no.3, which is taken on record.

2. Heard Sri P.K. Mishra, learned counsel for the petitioners, Sri Vipul Kumar Singh, learned counsel for the informant/respondent no.3 and Sri G.P. Singh, learned A.G.A. for the State respondents.

3. The present writ petition has been preferred with prayer to quash the impugned First Information Report dated 12.05.2024 registered as Case Crime No.204 of 2024, under Section 379, 495, 498 and 506 IPC, P.S. Noida Sector-24, District- Gautam Buddh Nagar on the basis of compromise and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

4. Learned counsel for the petitioners submitted that first petitioner is wife of respondent no.3 and their relation has been estranged and proceedings for divorce was also drawn before the Principal Judge, Family Court, Gautam Buddh Nagar. In this backdrop, learned counsel for the petitioners submitted that the parties have already settled the dispute and a divorce decree has already been filed before the competent court under Section 13B of the Hindu Marriage Act, 1955 and hence, the impugned FIR is liable to be quashed.

5. Learned counsel for the informant, placing reliance on para 4 of the short counter affidavit filed today, has admitted the aforesaid fact and states that the parties have amicably decided to resolve their discord and an application for divorce u/s 13B of Hindu Marriage Act, 1955 has already been moved before the Principal Judge, Family Court, Gautam Buddh Nagar. He next contended that he has no objection in case the impugned FIR is quashed.

6. Learned A.G.A. states that charge sheet has been prepared and is to be submitted before the competent court, however, he has also no objection in case the impugned FIR is quashed in terms of compromise.

7. It is jointly submitted that this being an offshoot of a matrimonial dispute, same has come to be amicably resolved and as such, the pending proceedings would serve no purpose and the same are liable to be quashed in the light of the judgements of the Hon'ble Apex Court in the case of B.S. Joshi v. State of Haryana and others, 2003(4) SCC 675, and Gian Singh v. State of Punjab, 2012(10) SCC 303.

8. The Hon'ble Apex Court in the case of B.S Joshi (supra) has held that in case the matrimonial dispute has come to an end, under a compromise/settlement, between the parties, then notwithstanding anything contained under Section 320 IPC, there is no legal impediment for this court to quash the proceedings of Section 498-A I.P.C etc, which has matrimonial flavour under its inherent powers in view of the recorded settlement between the parties. The Apex Court in the case of Gian Singh (supra) has held in para-61 that; "the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

9. Considering the aforesaid factual situation and also the short counter affidavit filed by respondent no.3/informant, we do not find substance in the submission of learned A.G.A. that initially charge sheet has been prepared. Considering the settlement arrived at between the parties, in our view, continuation of impugned criminal proceedings, would amount to gross abuse of process of law.

10. In view of aforesaid facts and circumstances of the case as well as law laid down by the Hon'ble Supreme Court, the writ petition is allowed and the impugned First Information Report dated 12.05.2024 registered as Case Crime No.204 of 2024, under Section 379, 495, 498 and 506 IPC, P.S. Noida Sector-24, District- Gautam Buddh Nagar as well as all consequential proceedings are hereby quashed. Order Date :- 4.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) MANISH HIMWAN High Court of Judicature at Allahabad