Kuldeep And ORS v. The State NCT Of Delhi & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8547/2024 KULDEEP AND ORS .....Petitioners Through:

Mr. Sandeep Tyagi, Mr. Akhilesh Bhardwa, Mr. Ashish Goyal and Mr.

Sudesh Pal Malik, Advocates.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for the State along with Satish Kumar along with SI Shivam Bisht, PS-Khajuri Khas.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 28.10.2024 CRL.M.A. 32608/2024 (Exemption).

Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 8547/2024.

1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973(hereinafter "Cr.P.C.")/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") has been filed by the petitioners praying for quashing of FIR bearing no. 921/2020 dated 28th December, 2020 registered at Police Station Khajuri Khas, Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter "IPC") and under Section 4 of the Dowry Prohibition Act, 1961.

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2.

The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no.2 was solemnized on 11th December, 2018 at Delhi according to Hindu rites and ceremonies. No child was born out of their wedlock.

3.

However, due to some temperamental differences between the parties, the parties started living separately. Despite several efforts at reconciliation, both the parties could not settle the differences. Therefore, the respondent no.2 filed a complaint with the CAW Cell, Nand Nagri, New Delhi, which led to the registration of the aforesaid FIR against the petitioner on 28th December, 2020.

4.

Subsequently, the parties were referred to mediation before the Mediation Centre, Karkardooma Courts, Delhi, wherein, both the parties entered into settlement vide Settlement Agreement dated 21st July, 2023 at Delhi Mediation Centre, Karkardooma Courts, Delhi. The terms and conditions of the said settlement are mentioned in the Settlement Agreement which is annexed as Annexure P-2 to the petition. 5.

In terms of the settlement, the petitioner no. 1 and respondent no. 2 filed a joint petition seeking dissolution of their marriage and vide judgment/order dated 7th December, 2023, the learned Principal Judge, Family Court, North-East District, Karkardooma Courts, Delhi, granted a decree of divorce dated 7th December, 2023, under Section 13-B (2) of the Hindu Marriage Act, 1955.

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. 13,50,000/- and all disputes of any nature whatsoever. It is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

submitted that the respondent no. 2 has already received a sum of Rs. 9,50,000/- as per the terms of the Settlement Agreement and the remaining amount of Rs.4,00,000/- was agreed to be paid at the time of quashing of the FIR.

7.

In light of the aforesaid, the petitioner no. 1 has handed over a Demand Draft bearing No.380423 for the balance amount of Rs.4,00,000/- dated 25th August, 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 petitioner no. 1 alongwith petitioners no. 2, 3 & 4 are present in person before this Court. They have been identified by their counsel, Mr. Sandeep Tyagi, Advocate and Investigating Officer SI Shivam Bisht, Police Station Khajuri Khas. The respondent no. 2 is also present in person before this Court and has been identified by 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 21st July, 2023 and as per the judgments 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 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. As per the settlement, the respondent no. 2 has received the entire settled amount.

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

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.

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. 921/2020 dated 28th December, 2020 registered at Police Station Khajuri Khas, Delhi, for offences punishable under Sections 498A/406/34 of the IPC and under 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 OCTOBER 28, 2024 rk/sm 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.