Mr. Vijay Kumar Gond, Adv v. THE STATE

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1145/2025 & CRL.M.A. 5121/2025 VISHNU @ VISHNU KASHYAP & ORS. .....Petitioners Through: Mr. Vijay Kumar Gond, Adv. versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Inspector Rattan Singh, SI Mamta, PS Dabri Mr. Ramesh Kumar Yadav, Adv. R-2 in person CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 30.07.2025 CRL.M.A. 5121/2025 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. Application stands disposed of. CRL.M.C. 1145/2025 3. Learned counsel for the petitioners has informed that one of the petitioners, namely Mrs. Bhagwati, has expired. 4. This fact has been verified and confirmed by the prosecution. 5. A status report regarding the verification of the demise of petitioner Mrs. Bhagwati is taken on record. 6. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of 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 01/08/2025 at 12:41:43 Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”)] has been filed on behalf of the petitioners praying for quashing of FIR bearing No. 15/2014 dated 09.01.2014 registered at Police Station - Dabri, New Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 7. The brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 got solemnized on 27.04.2009 at Delhi, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. No child was born out of the said wedlock. 8. Despite several efforts of reconciliation, both the parties could not settle their differences pursuant to which FIR no. 15/2014 was lodged by respondent no. 2. 9. However, at this stage, with the intervention of family members and relatives, both the parties have entered into a settlement on 22.03.2019. The terms and conditions of the said settlement are mentioned in the settlement agreement which is annexed as Annexure P-3 to the petition. 10. In pursuance of the said settlement, the parties have obtained a divorce decree dated 29.10.2024 under Section 13B(2) of the Hindu Marriage Act, 1955. Further, in terms of the said settlement, it has been agreed among the parties that petitioner no. 1 shall pay a sum of ₹ 1,00,000/- to the respondent no. 2 as full and final settlement against all her claims including maintenance (past, present and future), permanent alimony, stridhan, including the execution amount. 11. Learned counsel appearing on behalf of the petitioners submitted that respondent no. 2 has settled all her claims in respect of her dowry articles, 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 01/08/2025 at 12:41:43 stridhan, marriage expenses, jewelries, gift items and claims of past, present and future maintenance and permanent alimony with the petitioners for a sum of ₹ 1,00,000/- and all disputes of any nature whatsoever. It is, thus, prayed that the instant FIR be quashed on the basis of the abovesaid settlement agreement. 12. 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. 13. Heard learned counsel for the parties and perused the record. 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. 15. 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. 16. 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 CrPC/Section 528 of the BNSS, 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. 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 01/08/2025 at 12:41:43

17. 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 the CrPC/Section 528 of the BNSS 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. 18. The petitioners are present before this Court physically and have been identified by their counsel and the Investigating Officer, Police Station Dabri, Delhi. respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer. 19. 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. Parties also undertook that they shall abide by all the terms and conditions of the settlement arrived at between the parties. As per the settlement, the respondent no. 2 has received the entire settled amount. 20. Therefore, 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, quashing of FIR bearing No. 15/2014 dated 19.01.2014 registered at Police Station – Dabri, New Delhi, for the offences punishable under Sections 498A/406/34 of the IPC and all the consequential proceedings emanating therefrom are quashed. 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 01/08/2025 at 12:41:43

21. The petition along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J JULY 30, 2025/ar/dd