Sandeep Sharma & ORS. v. The State Govt Of NCT Of Delhi & ANR.

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8466/2024 SANDEEP SHARMA & ORS.

.....Petitioners Through:

Mr. Shashi Kant, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for the State Mr. Sunil Kumar and Ms. Rekha Bharadwaj, Advocates for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 11.11.2024 CRL.M.A. 32288/2024 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 8466/2024 1.

The instant petition under 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. 81/2021 registered at Police Station Welcome, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter "IPC") and Section 4 of the Dowry Prohibition Act, 1961. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no.2 got solemnized on 20th February, 2018 at Delhi according to Hindu rites and ceremonies but due to some temperamental differences between them, they started living separately since 12th July, 2020. No child was born out of their wedlock. 3.

Despite several efforts of reconciliation, both the parties could not settle the differences which led to the registration of the aforesaid FIR against the petitioner on 2nd February, 2021. 4.

With the intervention of family members and relatives, both the parties entered into settlement vide Settlement Agreement dated 22nd September, 2023. The terms and conditions of the said settlement are mentioned in the Settlement Agreement dated 22nd September, 2023 which is annexed as Annexure P-2 to the petition.

5.

On 21st February, 2024, the petitioner no. 1 and respondent no. 2 filed a petition under Section 13-B (2) of the Hindu Marriage Act, 1955 (hereinafter "HMA") before learned Principal Judge, Family Court, Karkardooma Courts, Delhi and vide judgment/order dated 21st February, 2024, the learned Judge Family Courts, North-East, Delhi, the parties were granted decree of divorce under Section 13-B (2) of the HMA. 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. 6,35,000/- and all disputes of any nature whatsoever, out of which the remaining amount of Rs.2,35,000/- was agreed to be paid at the time of quashing of the FIR. It is submitted that the respondent no. 2 has already received a sum of Rs. 4,00,000/- as per the terms of the Settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Agreement.

7.

The petitioner no. 1 has handed over a Demand Draft bearing No.231655 for the balance amount of Rs.2,35,000/- dated 20th 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 are present before this Court and have been identified by their counsel, Mr. Shashi Kant, Advocate and Investigating Officer, Police Station Welcome, Delhi. The respondent no. 2 is also present in the Court and has been identified by her counsel, Mr. Sunil Kumar, Advocate and 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 Settlement Agreement dated 22nd September, 2023 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.

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 and antecedents of petitioners have been bad towards her after the compromise.

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

society 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. 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 bearing No. 81/2021 registered at Police Station Welcome, Delhi for offences punishable under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 and all consequential proceedings emanating therefrom are quashed.

18.

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

CHANDRA DHARI SINGH, J NOVEMBER 11, 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.