Ajay Kumar Bhargaw and Ors. v. The State and Anr.

1. The present petition has been filed under Section 482 Cr. P.C. seeking quashing FIR No.0057/2017dated 03.02.2017 registered under Sections 498A/406 IPC at PS Shahbad Dairy.The said FIR was lodged at the instance of the complainant/wife who has unfortunately expired on 20.03.2018. The mother of the complainant/wife Smt. Kalawati Devi is the respondent No. 2 VERMA herein and has already interacted with this Court on the last date of hearing i.e.05.01.2023.

2. Facts in brief are that the marriage between Petitioner no. 1 and complainant/wife(deceased) was solemnized on 25.06.2010 as per Hindu rites and customs. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately. Consequently, the complainant/wife filed a complaint before CAW Cell, Delhi, on the basis of which, the present FIR was registered against the petitioners herein. Chargesheet has been filed and the matter is pending adjudication before the Trial Court.

3. However, due to the intervention of family members and wellwishers, the parties by way of settlement deed dated 05.03.2017had amicably settled all their disputes and started living together as husband and wife since 05.03.2017. As per the settlement deed it was settled between the parties that the complainant would cooperate to get quashed the present FIR and all consequential proceedings arising therefrom.However, on 20.03.2018 the complainant/wife passed away.

4. This is a peculiar case as the complainant/wife has already expired. However, during her lifetime, the settlement deed was executed between the parties, whichwas duly attested by SI Ved Prakash, PS Shahbad Dairy, on 05.03.2017. The matter was taken up on the last date of hearing, i.e, 05.01.2023 wherebythe following orders were passed: “By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners who are respectively the husband, father-in-law, brothers-in-law and sister-in-law of Seema Devi/wife seek quashing of FIR No.

VERMA 57/2017 dated 03.02.2017 registered under sections 498- A/406 of the Indian Penal Code, 1860 at P.S.: Shahbad Dairy, premised upon Settlement Deed dated 05.03.2017 stated to have been signed with Seema Devi, who subsequently passedaway on 20.03.2018. Seema Devi’s death certificate has been verified vide status report dated 26.07.2022 filed in the matter. Smt. Kalawati Devi/respondent No.2 who is stated to be the mother of deceased Seema Devi has joined via videoconferencing from her native place in Ambedkar Nagar, Uttar Pradesh. The court has interacted with Smt. Kalawati Devi, who confirms that her daughter Seema Devi, who was married to petitioner No.1, has passed-away and that Seema Devi’s family has no objection to the FIR and the proceedings arising therefrom being quashed. However, the Investigating Officer of the matter S.I.: Ved Prakash from P.S.: Shahbad Dairy, who appears to have attested the purported Settlement Deed, is not present in court today, since he is stated to have been transferred to some other police station. Chargesheet has also been filed in the matter, but the officer who has filed the chargesheet is also not present in court. In the above circumstances, before proceeding further in the matter, let S.I. Ved Prakash, the Investigating Officer of the matter and the concerned Officer who has filed the chargesheet, remain present in person in court on the next date, in order to verify the signatures of deceased Seema Devi on the Settlement Deed purportedly dated 05.03.2017. For the above purpose, re-notify on 14th February 2023. The petitioners shall remain present in-person in court on the next date as well. However respondent No.2, with whom the court has already interacted today, need not join the hearing on that date.” VERMA

5. In terms of the order dated 05.01.2023, SI Ved Prakash (retired) is present and has submitted about the genuineness of the Settlement Deed dated 05.03.2017 between the deceased complainant/ wife i.e.,Seema and the petitioners. In terms of the order dated 05.01.2023, all the petitioners are present in person. However, personal appearance of the respondent No.2 i.e., the mother of the complainant was exempted by this Court. Since the complainant/wife has expired and the matter has already been settled amicably between the parties, I consider that no useful purpose would be served by continuing the abovesaid FIR and the proceedings emanating therefrom.

6. It is settled law that in matrimonial matters where the wrong is basically private or personal in nature and the parties have amicably resolved their entire dispute and there is a bleak chance of conviction, it is better to put a quietus to the dispute so as to prevent the abuse of the process of the Court and to secure the ends of justice.

7. Considering the totality of facts and circumstances of the case, theFIR No.0057/2017 under Sections 498A/406 IPC registered at PS Shahbad Dairy and all other proceedings emanating therefrom are quashed.

8. Accordingly, the present petition stands disposed of.

DINESH KUMAR SHARMA, J FEBRUARY 14, 2023 VERMA