Delhi High Court - Orders
Sh. Prince Kumar & Anr vs The State (Nct Of Delhi & Anr on 31 January, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 407/2022
SH. PRINCE KUMAR & ANR. ..... Petitioners
Through: Mr. Manjeet Singh, Advocate along
with petitioners in person
versus
THE STATE (NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Kusum Dhalla, APP for State
along with W/SI Neetu, P.S. Hazrat
Nizamuddin
Mr. Siddharth Kumar and Ms. Rekha
Rani Dey, Advocates for R-2 along
with R-2 in person
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 31.01.2022
(THROUGH VIDEO CONFERENCING)
1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, the petitioners are seeking quashing of FIR bearing No. 225/2016 registered at Police Station Hazrat Nizamuddin for offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 and all consequent proceedings pending in the Court of learned Metropolitan Magistrate, Saket Courts, Delhi.
2. Both the petitioners and respondent no. 2 are present before this Court (through VC) and have been identified by their counsel as well as by the Investigating Officer W/SI Neetu from Police Station Hazrat Nizamuddin.
Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:01.02.2022 17:41:023. On the query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties.
4. The brief facts of the case are that the petitioner no. 1 and respondent no. 2 got engaged to each other on 10th December, 2014 and the marriage was scheduled for 21st January, 2015.
5. Due to misunderstanding and family differences the engagement was called off. However, the respondent no. 2 registered an FIR bearing No. 225/2016 at Police Station Hazrat Nizamuddin, against the petitioners.
6. Both the parties entered into settlement before Delhi Mediation Centre, Saket Courts, Delhi on 19th February, 2020. The terms and conditions of the said settlement are mentioned in paragraphs 1 to 7 of the settlement deed which is annexed as Annexure-B to the petition.
7. Learned counsel appearing on behalf of petitioners submitted that respondent No.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioners for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) and all disputes of any nature whatsoever, was agreed to be paid at the time of quashing of the FIR.
8. It is submitted that the petitioners have paid the entire amount of Rs. 1,00,000/- (Rupees One Lakh Only) today to the respondent no. 2. Respondent No. 2 has confirmed that she has received the entire amount.
9. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise as per the Judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:01.02.2022 17:41:02 of Punjab, (2012) 10 SCC 303.
10. Ms. Kusum Dhalla, learned APP for the State submitted that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived between the parties.
11. Heard learned counsel for the parties and perused the record.
12. The instant criminal proceedings in respect of non-compoundable offences which are private in nature and do not have a serious impact on the society especially when there is a settlement/compromise between victim and accused.
13. In such cases, it is settled law that High Court is also required to consider the conduct and antecedents of the accused in order to ascertain that the settlement has been entered into by her own free will and has not been imposed upon her by the petitioner or any person related to him. In the present case, the respondent no. 2 is present in Court and has categorically stated that she has entered into compromise and settled the entire disputes amicably with petitioner no.1 and his family members by her own free will without any pressure or coercion. There is also no allegation from respondent no. 2 that the conduct and antecedents of petitioners have been bad towards her after the compromise. As per the settlement, the respondent No.2 has received the entire settled amount.
14. In the case of B.S. Joshi & Ors. vs. State of Haryana & Ors (2003) 4 SCC 675, the Hon'ble Supreme Court has held that if for purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of the power of quashing under Section 482 Cr.P.C.
15. Moreover, the Hon'ble Supreme Court in Jitendra Raghuvanshi & Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:01.02.2022 17:41:02 Ors. vs. Babita Raghuvanshi & Anr. (2013) 4 SCC 58, has held that criminal proceedings on FIR or complaint can be quashed under Section 482 Cr.P.C. in appropriate cases in order to meet ends of justice. Even in non- compoundable offences pertaining to the matrimonial disputes, if Court is satisfied that parties have settled the disputes amicably and without any pressure, then for the purpose of securing ends of justice, FIRs or complaints or subsequent criminal proceedings in respect of offences can be quashed.
16. In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure.
17. In view of the settlement arrived at between the parties and the law laid down by the Hon'ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing No. 225/2016 registered at Police Station Hazrat Nizamuddin for offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 and all consequential proceedings emanating therefrom are quashed.
18. The petition stands disposed of.
CHANDRA DHARI SINGH, J JANUARY 31, 2022 dy/ct Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:01.02.2022 17:41:02