Sudeep Roy And ANR v. The State NCT Of Delhi And ANR
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1164/2024 SUDEEP ROY AND ANR .....Petitioners Through:
Mr. Ravi Kant Kaushal, Advocate along with the petitioners in person versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Ms. Rupali Bandhopaydhya, ASC for State Mr. Vikas Kumar Gautam, Advocate for R-2 along with respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
% 20.12.2024 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 on behalf of the petitioners praying for quashing of FIR bearing No. 506/2019 registered at Police Station - Khajuri Khas, New Delhi for offences punishable under Sections 498A/307/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.
The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no.2 got solemnized on 14th May, 2019 at Gangapur, District Nadia according to Hindu rites and ceremonies but due to some The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
temperamental differences between them, both the parties could not settle the differences which led to the registration of the aforesaid FIR against the petitioner on 25th September, 2019.
3.
Learned counsel for the petitioners submitted that with the intervention of family members and relatives, both the parties entered into settlement vide Compromise/Settlement Deed dated 8th January, 2024. The terms and conditions of the said settlement are mentioned in the Settlement Agreement which is annexed as Annexure-B to the petition. 4.
Therefore, it is prayed that the instant FIR be quashed on the basis of Compromise/Settlement Deed dated 8th January, 2024 and in accordance with the settled law on this point as posited by the Hon'ble Supreme Court. 5.
Learned ASC 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. 6.
Heard learned counsel for the parties and perused the record. 7.
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 featuring 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. 8.
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 Cr.P.C. can be invoked even when such a case falls within The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 and that the compromise between the parties is voluntary and amicable.
9.
The petitioners are present before this Court and have been identified by their counsel, Mr. Ravi Kant Kaushal, Advocate and Investigating Officer Police Station Khajuri Khas, New Delhi. The respondent no. 2 is also present in the Court and has been identified by Mr. Vikas Kumar Gautam, Advocate and the Investigating Officer. 10.
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.
11.
The instant criminal proceedings in respect of non-compoundable 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 petitioners by her own free will without any pressure or coercion. There is also no allegation from respondent no.2 that the conduct The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and antecedents of petitioners have been bad towards her after the compromise.
12.
In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure. 13.
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. 506/2019 registered at Police Station Khajuri Khas, New Delhi for offences punishable under Sections 498A/307/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 14.
The petition alongwith pending applications, if any, stand disposed of.
CHANDRA DHARI SINGH, J DECEMBER 20, 2024 gs/mk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.