Delhi High Court - Orders
Shardendu & Anr vs State Govt. Of Nct Of Delhi And Anr on 4 December, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~154
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3787/2024
SHARDENDU & ANR. .....Petitioners
Through: Mr.Pradeep Sharma, Advocate with
Petitioner No.1 in person.
versus
STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr.Anand V.Khatri, ASC for State
with SI Sanjay Bansal
Mr. Sachet Sharma, Mr. Paras Verma
& Mr. Ayush Sharma, Advocates for
R-2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 04.12.2024 Crl.M.A. No. 36412/2024 Exemption allowed, subject to just exceptions.
The application stands disposed of.
W.P.(Crl.) 3787/2024
1. The instant petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.")] .")] has been filed by the petitioners praying for quashing of FIR bearing No. 22/2023 registered at Police Station - Bhajan Pura for offences punishable under498A/406/34 of the Indian Penal Code, 1860 (hereinafter "IPC") and Section 4 of the Dowry This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2024 at 00:31:50 Prohibition Act, 1961.
2. The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no.2 got solemnized 23rd November, 2010 at Delhi according to Hindu rites and ceremonies but due to some temperamental differences between them, they started living separately since 14th July, 2012. No child is born of their wedlock.
3. Despite several efforts of reconciliation, both the parties could not settle the differences. Accordingly, the aforesaid FIR was registered.
4. With the intervention of family members and relatives, a settlement has been arrived at between the parties vide Settlement Agreement dated 16th May, 2024 (hereinafter "Settlement Agreement"), passed by the Delhi Mediation Centre. The terms and consitions of the said settlement are recorded in the Settlement Agreement which is annexed as Annexure C to the instant petition.
5. The petitioner no. 1 and respondent no. 2 filed a joint petition under Section 13-B (1) of the Hindu Marriage Act, 1955 (hereinafter "HMA") before learned Judge, Family Court-02, North-East District, Karkardooma, Delhi (hereinafter "Family Court") and the first motion of dicorce was allowed vide order dated 7th June, 2024. However, vide judgment/order dated 13th August, 2024, the learned Family Court allowed the second motion of divorce and the parties were granted a decree of divorce.
6. It is 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 with the petitioner for a sum of Rs. 5,00,000/- and all disputes of any nature whatsoever, out of which the remaining amount of Rs. 2,00,000/- was agreed to be paid at the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2024 at 00:31:50 time of quashing of the FIR. It is submitted that the respondent no. 2 has already received a sum of Rs. 3,00,000/- as per the terms of the Settlement Agreement.
7. The petitioner no. 1 has handed over a Cheque bearing no. 041844 for the balance amount of Rs. 2,00,000/- dated 19th September, 2024, in the name of respondent no.2 today in the Court. The respondent no.2 has verified the particulars of the Demand Draft to her satisfaction and stated them to be correct.
8. The petitioners herein are present before this Court. They have been identified by the Investigating Officer. . The respondent no. 2 is also present in the Court and has been identified by the Investigating Officer.
9. 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. The parties also undertook that they shall abide the terms and conditions of the Settlement Agreement arrived at between the parties.
10. It is prayed that the instant FIR be quashed on the basis of order dated 23rd August, 2024 and as per the Judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and Parbathbhai Aahir @ Parbathbai vs. State of Gujarat, (2017) 9 SCC 641.
11. Learned APP for the State submitted that there is no opposition to the prayer made on behalf of the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.
12. Heard learned counsel for the parties and perused the record.
13. The instant criminal proceedings in respect of non-compoundable This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2024 at 00:31:51 offences 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. 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 complainant is present in Court and has categorically stated that she has entered into compromise and settled the entire disputes amicably with the petitioner 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 State of Madhya Pradesh vs. Laxmi Narayan and Ors., (2019) 5 SCC 688, the Hon'ble Supreme Court held that the powers conferred under Section 482 of the Cr.P.C, can be exercised by the Courts to quash the criminal proceedings feature ng non-compoundable offences, when the matter arises out of matrimonial or family disputes. Moreover, it is pertinent to satisfy the Court that the said non-compoundable offences are private in nature and does not have a serious impact on the society.
15. Furthermore, it was observed by the Hon'ble Supreme Court in the case of Ramgopal and Ors. Vs. The State of Madhya Pradesh, 2021 INSC 568, that the extraordinary power enjoined upon the High Courts under Section 482 of CrPC can be invoked even when such a case falls within the ambit of non-compoundable offences given that the Court must be satisfied that the nature of the offence does not impact the conscious of the society This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2024 at 00:31:51 and that the compromise between the parties is voluntary and amicable.
16. In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure. 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.
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 No.22/2023, registered at Police Station Bhajan Pura, under Sections 498A/406/34 of the IPC and Section 4 of the DP Act and all consequential proceedings emanating therefrom are quashed.
18. The petition alongwith pending applications, if any, stand disposed of.
CHANDRA DHARI SINGH, J DECEMBER 4, 2024 SV/MK Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2024 at 00:31:51