Mr. Sanjeev Kumar and Ms. Bhasha Jha, Advocate along with v. THE STATE NCT OF DELHI ANR. Through

.....Respondents Ms. Priyanka Dalal, APP for the State along with SI Vinod Kumar Mr. Satish Kumar, Advocate for R- 2 along with respondent no. 2 in person CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH % O R D E R 30.01.2025 CRL.M.A. 1013/2025 (Exemption). 1. 2. The application stands disposed of. Exemption allowed subject to just exceptions. CRL.M.C. 193/2025 3. 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. 92/2019 registered at Police Station - Mehrauli, New Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter 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 03/02/2025 at 12:29:32 “IPC”). 4. The Joint Registrar (Judicial) vide order dated 24th January, 2025 has verified the facts and details of the instant matter. 5. The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no.2 got solemnized on 23rd November, 2005 at Delhi according to Hindu rites and ceremonies but due to some temperamental differences between them, they started living separately since June, 2016. Two children were born out of their wedlock. 6. Learned counsel for the petitioners submitted that despite several efforts of reconciliation, both the parties could not settle the differences. The respondent no.2 registered an FIR against all the petitioners at PS- Mehrauli on 1st February, 2019. 7. It is submitted that with the intervention of well wishers, both the parties entered into settlement vide order dated 4th May, 2024 in the Mediation Centre, Saket Courts, New Delhi. The terms and conditions of the said settlement are mentioned in the above said order which is annexed as Annexure-C to the petition. 8. It is submitted that the petitioner no. 1 and respondent no. 2 filed a fresh petition under Section 13-B (2) of the Hindu Marriage Act, 1955 learned Family Court and vide (hereinafter “HMA”) before judgment/order dated 18th September, 2024, the parties were granted decree of divorce under Section 13-B (2) of the HMA. 9. It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance with the petitioner for a sum of Rs. 65,00,000/-, out of total consideration amount Rs. 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 03/02/2025 at 12:29:32 30,00,000 (Rs. 15,00,000/- each for each child) and Rs. 35,00,000/- for respondent no.2 and all the consideration amount has been received by the respondent no. 2 as per the terms of the settlement dated 4th May, 2024. 10. Therefore, it is prayed that the instant FIR be quashed on the basis of above said settlement dated 4th May, 2024 and in accordance with the settled law on this point as posited by the Hon’ble Supreme Court. 11. 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. 12. Heard learned counsel for the parties and perused the record. 13. All petitioners are present before this Court and they have been identified by their counsel, Mr. Sanjeev Kumar, Advocate and Investigating Officer SI Vinod Kumar, Police Station Mehrauli. The respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer. 14. 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 the terms and conditions of the Settlement Agreement arrived at between the parties. 15. 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 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 03/02/2025 at 12:29:32 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 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. 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 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 conscious of the society and that the compromise between the parties is voluntary and amicable. 18. 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. 19. 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. 92/2019 registered at Police Station - 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 03/02/2025 at 12:29:32 Mehrauli, New Delhi, for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 20. The petition alongwith pending applications, if any, stand disposed of. JANUARY 30, 2025 Rk/anr Click here to check corrigendum, if any CHANDRA DHARI SINGH, 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 03/02/2025 at 12:29:32