Pradeep Negi & ORS. v. State NCT Of Delhi & ANR.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9967/2024 PRADEEP NEGI & ORS.

.....Petitioner Through:

Mr. Kartik Kumar, Advocate.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Raghuinder Verma, APP for the State along with SI Vijaypal Singh.

Mr. Vineet Gandhi and Mr. Tarun Kumar, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 18.12.2024 CRL.M.A. 38182/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 9967/2024 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 on behalf of the petitioners praying for quashing of FIR bearing No. 19/2022 registered at Police Station Crime (Women) Cell, Nanak Pura, New Delhi 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no. 1 and respondent no.2 got solemnized on 23rd November, 2019 at Sunbird Tourist Resort, Surajkund, Faridabad, Haryana according to Hindu rites and ceremonies but due to some temperamental differences between them, they started living separately since 18th September, 2021. No child was born out of their wedlock.

3.

Learned counsel for the petitioners submitted that despite several efforts of reconciliation, both the parties could not settle the differences. The respondent no.2 submitted a complaint with the CAW Cell, Nanak Pura, New Delhi, which led to the registration of the aforesaid FIR against the petitioner on 15th July, 2022.

4.

It is submitted that with the intervention of family members and relatives, both the parties entered into settlement vide Settlement Agreement/Memorandum of Understanding dated 30th March, 2024 (hereinafter "MoU"). The terms and conditions of the said settlement are mentioned in the MoU which is annexed as Annexure P-2 to the instant petition.

5.

It is submitted that the petitioner no. 1 and respondent no. 2 filed a joint petition under Section 13-B (1) of the Hindu Marriage Act, 1955 (hereinafter "HMA") before learned Principal Judge, Family Court, South, Saket Courts, New Delhi (hereinafter "Family Court") and vide judgment/order dated 3rd April, 2024, the first motion of divorce was allowed. Thereafter, the parties filed a joint petition under Section 13-B (2) of the HMA and vide judgment/order dated 18th July, 2024, the parties were granted decree of divorce under Section 13-B (2) of the HMA. 6.

It is further submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

items and claims of past, present and future maintenance with the petitioner for a sum of Rs. 10,00,000/- and all disputes of any nature whatsoever, entire amount has been received by the respondent no. 2 as per the terms of the MoU.

7.

Therefore, it is prayed that the instant FIR be quashed on the basis of above said MoU and in accordance with the settled law on this point as posited by the Hon'ble Supreme Court.

8.

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. 9.

Heard learned counsel for the parties and perused the record. 10.

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. 11.

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.

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

12.

All the petitioners are present before this Court. They have been identified by their counsel, Mr. Kartik Kumar, Advocate and Investigating Officer SI Vijaypal Singh, Police Station Nanak Pura. The respondent no. 2 is also present in the Court and has been identified by the Investigating Officer.

13.

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.

14.

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.

15.

In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

16.

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. 19/2022 registered at Police Station Crime (Women) Cell, Nanak Pura, New Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

18.

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

CHANDRA DHARI SINGH, J DECEMBER 18, 2024 Na/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.