CRL.M.C./7079/2024 of BRIJESH KUMAR AND OTHERS Vs THE STATE NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 7079/2024 BRIJESH KUMAR AND OTHERS .....Petitioners BRIJESH KUMAR AND OTHERS .....Petitioners

Through: Mr. Lalit Kumar, Advocates. versus versus

THE STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Poonam Rajesh and Mr. Priyanshu Tawer, Advocates with respondent in person. Mr. Satish Kumar, APP along with W/SI Preeti Ahlawat, PS- South Rohini. Through: Ms. Poonam Rajesh and Mr. Priyanshu Tawer, Advocates with respondent in person. Mr. Satish Kumar, APP along with W/SI Preeti Ahlawat, PS- South Rohini.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGHO R R25.09.2024

1.The instant petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS) read with Article 227 of the Constitution of India has been filed by the petitioners praying for quashing of FIR bearing No. 145/2023 registered at Police South Rohini, New Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).

2.The petitioners are present before this Court and have been identified

by his counsel Mr. Lalit Kumar and Investigating Officer W/SI Preeti Ahlawat, Police Station South Rohini. The respondent No.2 is also present in the Court and has been identified by her counsel and the Investigating Officer (“IO” hereinafter).

3.Ms. Alka, respondent no. 2 appeared in person and was identified by the IO. 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.

4.The brief facts of the case are that the marriage between the petitioner and respondent No.2 got solemnized on 16[th] February, 2021 at Delhi, according to Hindu rites and ceremonies but due to some temperamental differences between them, they started living separately since 2022.

5.Despite several efforts of reconciliation, both the parties could not settle the differences. The respondent no.2 submitted complaint with the CAW Cell, Delhi on 18[th] May, 2023 which led to the registration of the aforesaid FIR against the petitioner on 18[th] May, 2023.

6.With the intervention of family members and relatives, both the parties entered into settlement on 22[nd] April, 2024. The terms and conditions of the said settlement are mentioned in the settlement deed which is annexed as Annexure P-4 to the petition.

7. Further, in pursuance of the said settlement, the parties have jointly agreed that they shall move for divorce under Section 13B(1) and under Section 13B(2) of the Hindu Marriage Act, 1955 (hereinafter “HMA”).

8. It is submitted that respondent No.2 has settled all her claims in respect of her Stridhan articles, present, past and future maintenance and permanent alimony with the petitioner for sum of Rs. 3,00,000/- (Rupees Three Lakhs only) and all disputes of any nature whatsoever, out of which the remaining amount of Rs. 1,00,000/- (Rupees Twenty Five Lac) was agreed to be paid at the time of quashing of the FIR.

9.The petitioner has handed over Demand Draft bearing No.609811

for the balance amount of Rs. 1,00,000/- dated 29 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.

10.It is prayed that the instant FIR be quashed on the basis of compromise deed dated 22[nd] April, 2024 and as per the Judgment of the “Hon’ble Supreme Court passed in Gian Singh vs. State of Punjab”, (2012) 10 SCC 303.

11.Mr. Satish Kumar, learned APP for the State submitted that there is no opposition to the prayer made by the petitioner seeking quashing of the said FIR 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 serious impact on the society especially when there is 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 petitioner 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 petitioner 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 “B.S. Joshi & Ors. vs. State of Haryana & Ors”

(2003) 4 SCC 675, the Hon’ble Supreme Court has held that if for purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be bar to the exercise of the power of quashing under Section 482 Cr.P.C.

15.Moreover, the Hon’ble Supreme Court in “Jitendra Raghuvanshi & Ors. vs. Babita Raghuvanshi & Anr.”(2013) 4 SCC 58, has held that criminal proceedings on FIR or complaint can be quashed under Section 482 Cr.P.C. in appropriate cases in order to meet ends of justice. Even in non-compoundable offences pertaining to the matrimonial disputes, if Court is satisfied that parties have settled the disputes amicably and without any pressure, then for the purpose of securing ends of justice, FIRs or complaints or subsequent criminal proceedings in respect of offences can be quashed.

16.In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure. 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. 145/2023 registered at Police South Rohini, New Delhi, for offences punishable under Sections 498A/406/34 IPC and all consequential proceedings emanating therefrom are quashed.

17.The petition alongwith pending application(s), if any, stands disposed

SEPTEMBER 25, 2024

CHANDRA DHARI SINGH, J

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