Mr. Bhanu Mohan, Mr. Gaurav Khulbe and Mr. Shushant Manchal, Advocates for v. THE STATE GOVT. OF NCT OF DELHI AND ANR

Through: Mr. Utkarsh, APP for State with SI Chiranjeev Nitin Sharma, PS Civil Lines Mr. Chauhan, Ms. Sandhya and Mr. Alina, Advocates for R-2/Shivani CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R 22.01.2025 % CRL. M.A. 38782/2024 (exemption)

2. Allowed, subject to all just exceptions. The application stands disposed of. CRL.M.C. 10107/2024

3. The present petition has been filed under Section 528 of BNSS 2023 seeking quashing of FIR No. 0212/2022 under Sections 498A/377/323 IPC registered at PS Civil Line, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4. Issue notice. The learned APP for the State as well as learned 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 27/01/2025 at 12:37:44 appearing for respondent no. 2 accepts notice. Learned APP submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

5. The petitioner no. 1 (former husband), as well as, respondent no. 2 (former wife) are present in Court and they have been identified by their respective counsels and by IO/SI Nitin Sharma, Police Station Civil Lines, Delhi.

6. The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 05.02.2022 according to Hindu Rites and Customs. No child was born out of the said wedlock.

7. Due to temperamental differences, respondent no. 2 started living separately and left the matrimonial house on 14.04.2022 and thereafter respondent no. 2 made a complaint against the petitioner which led to the registration of aforesaid FIR.

8. During the pendency of the proceedings they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Deed/Mutual Agreement dated 09.04.2024, copy of which is annexed as Annexure-P2 to the present petition.

9. In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 12.09.2024 which is annexed as Annexure-P3 to the present petition.

10. It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 5,00,000/- to the respondent no.2 towards 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 27/01/2025 at 12:37:44 full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 4,00,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 1,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No. 342212 dated 16.12.2024 issued in favour of Shivani drawn on Bank of Baroda.

11. The receipt of entire amount of Rs. 5,00,000/- is acknowledged by the respondent no.2, who is present in court.

12. On a query posed by this Court, the respondent no.2, who is present in court, states that she has no objection in case the FIR is quashed.

13. The offence alleged in the FIR is also under Section 377 IPC. A Co- ordinate Bench of this court in ‘Rifakat Ali & Ors Vs. State & Anr.’ [CRL.M.C. No. 599/2021, decided on 26.02.2021] after referring to three decisions of the Supreme Court, has taken a view that an offence under Section 377 IPC, is though a heinous offence, but where such an offence is invoked in a matrimonial dispute and where the parties have decided to part ways and move ahead in their lives without acrimony against each other, power under Section 482 Cr.P.C. can be exercised even for an offence under Section 377 IPC on the ground that the dispute is private in nature. The material part of the said decision reads as under:- “….10. A perusal of the three judgments which shows that the the power under Supreme Court has consistently held that Section 482 CrPC should not be used for quashing heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. since these offences are not private in nature 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 27/01/2025 at 12:37:44 and have a serious impact in society. An offence under Section 377 IPC is a heinous offence and points to the mental depravity of the accused and hence ought not to be quashed by the High Court on the basis of compromise by exercising its jurisdiction under Section 482 CrPC.

11. The present case arises out of matrimonial dispute and the allegation has been made by the wife against the husband. The parties have decided to part ways and get ahead in their lives without having any acrimony against each other. In the facts and circumstances of the case, this Court is inclined to exercise its powers under Section 482 CrPC even for an offence under Section 377 IPC on the ground that the dispute is private in nature. this Court

12. The learned counsel for the petitioners has placed reliance on orders of in CRL.M.C.830/2019 titled as Dinesh Kumar & Ors. v. State & Anr., CRL.M.C.1613/2019 titled as Anmol Katyal & Ors. v. State (NCT of Delhi) & Anr., CRL.M.C. 5216/2018 titled as Gajender Singh & Ors. v. State (NCT of Delhi) & Ors. and CRL.M.C. 4117/2018 titled as Joginder Singh Bote & Ors. v. NCT of Delhi & Anr. In all these cases wife has levelled allegation of the husband committing an offence under Section 377 IPC. This Court has exercised its jurisdiction under Section 482 CrPC and has quashed the FIRs on the basis of the compromise entered into between the husband and wife.

13. It is made clear that this Court is exercising its powers under Section 482 CrPC to quash an offence of Section 377 IPC on the ground that the parties have compromised the matter with each other only because it arises out of a matrimonial dispute, the allegation has been levelled by wife against her husband of committing an offence under Section 377 IPC and the parties have decided to move ahead in life.”…

14. The above decision squarely applies to the facts of the present case as the parties have decided to part their ways and move ahead in their lives. 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 27/01/2025 at 12:37:44

15. In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

16. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom, be quashed.

17. Consequently, the petition is allowed and the FIR No. 0212/2022 under Sections 498A/377/323 IPC registered at PS Civil Line, Delhi and all consequential proceedings emanating therefrom, is quashed.

18. The petition stands disposed of in the above terms. JANUARY 22, 2025 ‘rs’ VIKAS MAHAJAN, J 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 27/01/2025 at 12:37:44