Mr. Ashish Goswami, Advocate v. STATE GOVT. OF NCT OF DELHI ANR

Through: Mr. Satish Kumar, APP for the State along with SI Rahul Ranjan Mr. Ashok K. Sagar, Advocate for R- 2. CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH % O R D E R 12.02.2025 CRL.M.A. 718/2025 & 719/2025 (for exemptions)

2. Allowed subject to all just exceptions. The applications stand disposed of CRL.M.C. 132/2025

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.201/2021 dated – 21st March, 2021 registered at Police Station – Harsh Vihar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).

2. The Joint Registrar (Judicial) vide order dated 21st January, 2025 has 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 01/03/2025 at 14:27:35 verified the facts and details of the instant matter.

3. The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no. 2 got solemnized on 28th April, 2013 according to Hindu rites and ceremonies at Delhi but due to some temperamental differences between them, they started living separately since November,

2018. Thereafter, the respondent No.2 filed a complaint before Police Station – Harsh Vihar, Delhi which led to the registration of the aforesaid FIR. No child was born out of the said wedlock.

4. Learned counsel appearing on behalf of the petitioners submitted that with the intervention of family members and relatives, both the parties have amicably settled the matter vide Settlement/Compromise dated 30th May, 2024 before the Delhi Mediation Centre, Karkardooma Court, Delhi. The terms and conditions of the said settlement are mentioned in the settlement which is annexed as Annexure- P-2 to the instant petition.

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

6. Learned APP for the State submitted that there is no objection 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.

7. Heard learned counsel for the parties and perused the material placed on record.

8. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer. The respondent no. 2 is also present in the Court and has been identified by the Investigating Officer as well as her counsel. 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 01/03/2025 at 14:27:35

9. On the query made by this Court, respondent no.2 submitted that she has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, gift items and claims of past, present and future maintenance with the petitioners for a sum of Rs. 15,00,000/-. She further submitted vide judgment and order dated 10th September, 2024 passed by learned Judge, Family Courts, Karkardooma Court, Delhi, the petitioner No.1 and respondent No.2 were granted decree of divorce by mutual consent under Section 13-B (2) of the Hindu Marriage Act, 1955 and she does not want to pursue the aforesaid FIR any further. The parties also undertook that they shall abide by the terms and conditions of the settlement arrived at between the parties.

11. 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.

12. 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.

13. Furthermore, it was observed by the Hon’ble Supreme Court in the 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 01/03/2025 at 14:27:35 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 conscience of the society and that the compromise between the parties is voluntary and amicable.

14. 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 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. 201/2021 dated 21st March, 2021 registered at Police Station – Harsh Vihar, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

16. The petition alongwith pending applications, if any, stands disposed of. FEBRUARY 12, 2025 ab/anr/mk CHANDRA DHARI SINGH, J Click here to check corrigendum, if any 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 01/03/2025 at 14:27:35