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Sh. Nitin Shyam Sunder Gaud & Ors vs The State Gnct Of Delhi And Anr on 30 March, 2022

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                          $~8
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.M.C. 1001/2022
                                SH. NITIN SHYAM SUNDER GAUD & ORS.        ..... Petitioners
                                              Through: Mr. Ashok Kumar, Advocate

                                                   versus

                                THE STATE GNCT OF DELHI AND ANR.             ..... Respondents
                                               Through: Mr. Panna Lal Sharma, APP for State
                                                        with SI Mayank, P.S. Laxmi Nagar
                                                        Mr. Amit Sharma and Mr. Aman
                                                        Sharma, Advocates
                                CORAM:
                                HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                         ORDER

% 30.03.2022

1. The instant petition under Section 482 of the Code of Criminal procedure, 1973 read with Article 226 of the Constitution of India has been filed by the petitioners praying this Court to pass necessary orders and directions thereby quashing and cancelling the FIR No. 2890/2015 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter "IPC") registered at Police Station Shakarpur, Delhi and after investigation the chargesheet was filed thereby adding Section 506 of the IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. All the petitioners are present before this Court and have been identified by their counsel Mr. Ashok Kumar and Investigating Officer SI Mayank, Police Station Shakarpur, Delhi. Respondent No. 2 is also present in the Court and has been identified by her counsel, Mr. Amit Sharma and Mr. Aman Sharma and the Investigating Officer.

3. 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 married to each other on 23rd November, 2005 at Delhi according to Hindu rites and ceremonies but due to some temperamental differences between them, they started living separately since November, 2014. No child was born out of the wedlock.

5. Despite several efforts of reconciliation, both the parties could not settle the differences. On the complaint of respondent no. 2, the aforesaid FIR was registered against all the petitioners on 28th November, 2015.

6. With the respectable persons of the society as well as common relative and well-wishers of both the parties, the petitioner no.1 and respondent No. 2 have amicably settled all their disputes and claims against each and entered into settlement deed dated 28th January, 2020.

7. Further, in pursuance of the said settlement, the parties moved for divorce under the Hindu Marriage Act, 1955 (hereinafter "HMA"). Petitioner No. 1 and respondent No. 2 filed their first motion of the divorce petition under Section 13B(1) before the Principal Judge, Family Court, East District, Karkardooma, Delhi, which was allowed vide its order dated 3rd March, 2020. Petition under Section 13B(2) was filed by the parties and the marriage between petitioner No. 1 and respondent No. 2 stood dissolved vide order and decree dated 6th December, 2021.

8. It is submitted that respondent No. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift Signature Not Verified Signed By:GAURAV SHARMA Signing Date:31.03.2022 21:57:11 items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members for a sum of Rs. 13, 00,000 (Rupees Thirteen Lakhs Only) and all disputes of any nature whatsoever, out of which Rs. 8,00,000 (Rupees Eight Lakhs Only) have already been paid while remaining Rs. 5,00,000 (Rupees Five Lakhs Only) was agreed to be paid at the time of quashing of the FIR.

9. All the petitioners and respondent no. 2 entered into memorandum of understanding/settlement deed dated 7th March, 2022.

10. Petitioner No. 1 has handed over a Demand Draft bearing No. 860612 for the balance amount of Rs. 5,00,000 (Rupees Five Lakhs Only) dated 7th March, 2022 in the name of respondent No. 2 today in the Court. Respondent No. 2 has verified the particulars of the Demand Draft to her satisfaction and stated them to be correct.

11. It is accordingly prayed on behalf of the petitioners that the instant FIR be quashed on the basis of memorandum of understanding/settlement deed as per the Judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303.

12. Mr. Panna Lal Sharma, learned APP for the State has no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

13. Heard learned counsel for the parties and perused the record.

14. 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. 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 Signature Not Verified Signed By:GAURAV SHARMA Signing Date:31.03.2022 21:57:11 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 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.

15. 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.

16. Moreover, the Hon'ble Supreme Court in Jitendra Raghuvanshi & 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.

17. 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.

Accordingly, FIR No. 2890/2015 for offences punishable under Sections 498A/406/34 of the IPC, charge-sheet and all consequential proceedings emanating therefrom are quashed.

18. The petition stands disposed of along with pending applications if any.

CHANDRA DHARI SINGH, J MARCH 30, 2022 gs/ct Signature Not Verified Signed By:GAURAV SHARMA Signing Date:31.03.2022 21:57:11