Delhi High Court - Orders
Danish Abbas & Anr vs State Of Nct Of Delhi & Ors on 17 October, 2023
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3594/2023
DANISH ABBAS & ANR. ..... Petitioners
Through: Ms. Kaushal Rani, Adv. with
petitioners in person
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Raj Kumar, APP for State with
ASI Sunita PS Jagat Puri
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 17.10.2023
1. The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0264/2015 under Sections 377/354/506/509/174A IPC registered at PS Jagat Puri East, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2. Notice was issued in the petition on 18.05.2023. The learned APP for the State submits that since the FIR is an off shoot of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
3. The petitioner no.1 (former husband) and petitioner no.2, who is brother-in-law of the petitioner no.1, are present in Court. The respondent no. 2 (former wife) has joined through VC. The parties have been identified by their respective counsels, as well as, by the IO ASI Sunita PS Jagat Puri.
4. The brief facts of the case are that the marriage between the petitioner 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 23/10/2023 at 20:44:20 no.1 and respondent no. 2 was solemnized on 09.02.2014 according to Muslim rites and rituals. One female child namely Inshiya was born out of the said wedlock who is in the care and custody of the petitioner no. 1.
5. On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. May, 2016. The dispute between the parties led to the registration of present FIR besides two other FIRs detailed below, at the instance of the respondent no.2:-
(i) FIR No. 0365/2018 under Sections 498A/406/34 IPC registered at PS Jagat Puri, East Delhi
(ii) FIR No.0397/2019 under Sections 354/354(A)/509/34 IPC registered at PS Farsh Bazar, Delhi
6. During the pendency of the proceedings, the parties with the assistance of their respective counsels arrived at a settlement, terms whereof were recorded in the order dated 03.08.2022 passed in CRL. R. P. 89/2021 entitled Ms. X Vs. The State & Anr. The said terms reads as under:-
"a) the respondent No.2 shall pay a sum of Rs. 21 lakhs to the petitioner as full and final settlement of all her dues, alimony, istridhan and any of the past or present dues she may have on any account, whatsoever, over and above the amounts already paid to the petitioner and the petitioner will not be entitled to anymore maintenance from today.
b) Out of the amount of Rs. 21 lakhs, the respondent No.2 shall pay Rs. 5 lakhs on or before 31.08.2022 and the balance amount shall be paid not later than 6 months from today.
c) The minor child is in the care and custody of respondent No.2 and the respondent No.2 will take care of the minor child to the best of his ability and capability.
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 23/10/2023 at 20:44:20
d) This order shall not come in the way of the minor child claiming her rights of maintenance, inheritance, marriage, education against either of the parties.
e) The petitioner and respondent will withdraw and/or assist in quashing all legal proceedings initiated against each other after the receipt of Rs. 21 lakhs, however, none of the parties shall take any precipitative action in any of the proceedings during these six months."
7. The learned counsel appearing on behalf of the parties submits that the parties have already taken divorce, which position is also affirmed by the petitioner no. 1, who is present in Court, as well as, by the respondent no. 2 who has joined through VC.
8. As evident, it is a term of the settlement between the parties that the petitioner no.1 will pay a total sum of Rs.21 lakhs to the respondent no.2 towards her full and final settlement on account of permanent alimony, dowry articles, maintenance (past, present and future) etc. The entire amount of Rs. 21 Lakhs has been paid by the petitioner no. 1 to the respondent no. 2. The receipt of entire amount of Rs.21 lakhs is acknowledged by the respondent no.2, who has joined through VC.
9. The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
10. A Co-ordinate Bench of this court in 'Rifakat Ali &Ors Vs. State & Anr.' [CRL.M.C. No. 599/2021, decided on 26.02.2021] after referring to three decisions of the Supreme Court, has taken a view that an offence under Section 377 IPC, is though a heinous offence, but where such an offence is invoked in a matrimonial dispute and where the parties have decided to part 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 23/10/2023 at 20:44:21 ways and move ahead in their lives without acrimony against each other, power under Section 482 Cr.P.C. can be exercised even for an offence under Section 377 IPC on the ground that the dispute is private in nature. The material part of the said decision reads as under:-
"....10. A perusal of the three judgments which shows that the Supreme Court has consistently held that the power under Section 482 CrPC should not be used for quashing heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. since these offences are not private in nature and have a serious impact in society. An offence under Section 377 IPC is a heinous offence and points to the mental depravity of the accused and hence ought not to be quashed by the High Court on the basis of compromise by exercising its jurisdiction under Section 482 CrPC.
11. The present case arises out of matrimonial dispute and the allegation has been made by the wife against the husband. The parties have decided to part ways and get ahead in their lives without having any acrimony against each other. In the facts and circumstances of the case, this Court is inclined to exercise its powers under Section 482 CrPC even for an offence under Section 377 IPC on the ground that the dispute is private in nature.
12. The learned counsel for the petitioners has placed reliance on orders of this Court in CRL.M.C.830/2019 titled as Dinesh Kumar &Ors. v. State &Anr., CRL.M.C.1613/2019 titled as Anmol Katyal &Ors. v. State (NCT of Delhi) &Anr., CRL.M.C. 5216/2018 titled as Gajender Singh &Ors. v. State (NCT of Delhi) &Ors. and CRL.M.C. 4117/2018 titled as Joginder Singh Bote &Ors. v. NCT of Delhi &Anr. In all these cases wife has levelled allegation of the husband committing an offence under Section 377 IPC. This Court has exercised its jurisdiction under Section 482 CrPC and has quashed the FIRs on the basis of the compromise entered into between the husband and wife.
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 23/10/2023 at 20:44:21
13. It is made clear that this Court is exercising its powers under Section 482 CrPC to quash an offence of Section 377 IPC on the ground that the parties have compromised the matter with each other only because it arises out of a matrimonial dispute, the allegation has been levelled by wife against her husband of committing an offence under Section 377 IPC and the parties have decided to move ahead in life."...
11. Having regard to the aforesaid legal position, there is no impediment in quashing the present FIR which has also been registered under Section 377 IPC.
12. In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
13. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom, be quashed.
14. Consequently, the petition is allowed and the FIR No.0264/2015 under Sections 377/354/506/509/174A IPC registered at PS Jagat Puri East, Delhi and all consequential proceedings emanating therefrom, is quashed.
15. The petition stands disposed of in the above terms.
16. Order be uploaded on the website of this court VIKAS MAHAJAN, J OCTOBER 17, 2023 N.S. ASWAL 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 23/10/2023 at 20:44:21