Mohd Shanu & ORS. v. The State Govt NCT Of Delhi & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8218/2024 MOHD SHANU & ORS.

.....Petitioners Through:

Ms. Shivangi Sachdeva, Advocate along with the petitioners in person versus THE STATE GOVT NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Yudhvir Singh Chaudhan, APP for State Mr. Vinod Kumar and Ms. Sheetu Mishra, Advocates for R-2 along with the respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 18.10.2024 1.

The instant petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS)(Formerly 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. 0204/2020 registered at Police Station Govind Puri for offences punishable under Sections 498A/406/34 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 30th March, 2016 according to Muslim rites and ceremonies but due to some temperamental differences between them, they started living separately. Two children were born out The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

from the said wedlock.

3.

Despite several efforts of reconciliation, both the parties could not settle the differences. The respondent no.2 submitted a complaint with the CAW Cell, Shri Niwas Puri, Delhi which led to the registration of the aforesaid FIR against the petitioners.

4.

With the intervention of family members and relatives, both the parties entered into settlement vide Compromise Deed dated 26th August, 2022. The terms and conditions of the said settlement are mentioned in the Compromise Deed dated 26th August, 2022 which is annexed as AnnexureC to the petition. 5.

It is submitted that during the pendency of the case, respondent no.2 compromised with the petitioners as full and final settlement and the petitioner no. 1 and respondent no. 2 started residing with each other under one roof.

6.

The petitioners are also present before this Court and have been identified by their counsel, Ms. Shivangi Sachdeva, Advocate and Investigating Officer. The respondent no. 2 is also present in the Court and has been identified by her counsel, Mr. Vinod Kumar and the Investigating Officer.

7.

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.

8.

It is prayed that the instant FIR be quashed on the basis of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Compromise Deed dated 26th August, 2022 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.

9.

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. 10.

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

12.

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 authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 13.

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 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.

14.

In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure. 15.

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. 0204/2020 registered at Police Station Govind Puri for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 16.

The petition alongwith pending applications, if any, stand disposed of.

CHANDRA DHARI SINGH, J OCTOBER 18, 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.