Delhi High Court – Orders
Abhishek Shukla & Ors vs State(Govt Of Nct Of Delhi) & Anr on 20 December, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 4003/2024
ABHISHEK SHUKLA & ORS. .....Petitioners
Through: Mr. Pradeep Kumar Sharma, Mr.
Amar Singh and Mr. Nitesh Kumar,
Advocates along with petitioners in
person
versus
STATE(GOVT OF NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Anand V. Khatri, ASC for State
with SI Divya, P.S. Patparganj
Industrial Area
Mr. Kunwar Pal Singh and Ms.
Manisha Singh, Advocates for R-2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 20.12.2024
CRL.M.A. 38623/2024 (Exemption)
Exemption allowed subject to just exceptions.
The application stands disposed of.
W.P.(CRL) 4003/2024
1. The instant petition under Article 226 of the Constitution of India
read with 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
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praying for quashing of FIR bearing No. 0064/2024 registered at Police
Station Patparganj Industrial Area for offences punishable under Sections
498A/406/354A/377/506/34 of the Indian Penal Code, 1860 (hereinafter
“IPC”) and Section 4 of the Dowry Prohibition Act, 1961.
2. The brief facts of the case are that the marriage between the petitioner
no. 1 and respondent no.2 got solemnized on 9th March, 2023 at Gorakhpur,
U.P. according to Hindu rites and ceremonies but due to some
temperamental differences between them, they started living separately
since 10th April, 2023. 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, 2024.
4. Learned Counsel for the petitioner submitted that with the
intervention of family members and relatives, both the parties entered into
settlement vide Settlement Agreement dated 1st May, 2024. The terms and
conditions of the said settlement are mentioned in the Settlement
Agreement which is annexed as Annexure-D to the petition.
5. It is submitted that on 14th October, 2024, the petitioner no. 1 and
respondent no. 2 were granted the second motion under Section 13B(2) of
the Hindu Marriage Act, 1955 and their marriage stood dissolved vide a
decree of divorce by mutual consent.
6. It is submitted that respondent no.2 has settled all her claims in
respect of her permanent alimony, jewellery etc., in addition to claims of
past, present and future maintenance with the petitioner for a sum of Rs.
5,50,000/- out of which the remaining amount of Rs.2,50,000/- was agreed
to be paid at the time of quashing of the FIR. It is further submitted that the
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respondent no. 2 has already received a sum of Rs. 3,00,000/- as per the
terms of the Settlement Agreement.
7. It is prayed that the instant FIR be quashed on the basis of Settlement
Agreement dated 1st May, 2024 between the parties.
8. Learned ASC 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. 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.
11. 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.
12. 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
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the ambit of non-compoundable offences given that the Court must be
satisfied that the nature of the offence does not impact the conscience of the
society and that the compromise between the parties is voluntary and
amicable.
13. The petitioners are present before this Court and have been identified
by their counsel, Mr. Pradeep Kumar Sharma, Advocate and Investigating
Officer SI Divya, Police Station Patparganj Industrial Area. The respondent
no. 2 is also present in the Court and has been identified by her counsel,
Mr. Kunwar Pal Singh and the Investigating Officer.
14. The petitioner no. 1 has handed over a Demand Draft bearing
No.015790 for the balance amount of Rs. 2,50,000/- 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.
15. 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 by the terms and conditions of the
Settlement Agreement arrived at between the parties.
16. In the instant case, as stated above, the parties have reached on the
compromise and amicably settled the entire disputes without any pressure.
There is also no allegation from respondent no.2 that the conduct and
antecedents of petitioners have been improper towards her after the
compromise.
17. In view of the settlement arrived at between the parties and the law
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laid down by the Hon’ble Supreme Court, the present petition is allowed.
Accordingly, FIR bearing No. 0064/2024 registered at Police Station
Patparganj Industrial Area for offences punishable under Sections
498A/406/354A/377/506/34 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
DECEMBER 20, 2024
gs/st
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/12/2024 at 21:51:06