Mr. Jitender Kumar, Advocate v. STATE OF NCT OF DELHI ANR

Through: Mr. Jitender Kumar, Advocate versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP for the State along with SI Savita Solanki, SI Sumit Tomar and ASI Lal Chand Mr. Abhishek Yadav, Mr. Aryaman Shankar and Mr. Aamir Zafar Khan, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH O R D E R 13.02.2025 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 by the petitioners praying for quashing of FIR bearing No. 557/2018 registered at Police Station – Punjabi Bagh, 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 3rd February, 2025 has 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 24th November, 2017 at Delhi 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 17/02/2025 at 17:26:25 according to Hindu rites and ceremonies but due to some temperamental differences between them, they started living separately. Thereafter, the respondent No.2 filed a complaint which led to the registration of the aforesaid FIR dated 5th October, 2018. A male child was born out of their wedlock. 4. Learned counsel appearing on behalf of the petitioners submitted that with the intervention of family members and relatives, both the parties amicably settled the matter vide Memorandum of Understanding/ Settlement Agreement dated 12th July, 2024 (“MOU” hereinafter). The terms and conditions of the said MOU are mentioned in the MOU which is annexed as Annexure-P-2 to the instant petition. 5. It is prayed that the instant FIR may be quashed on the basis of above said MOU dated 12th July, 2024 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 also present before this Court and have been identified by their counsel, Mr. Jitender Kumar, Advocate and Investigating Officer. The respondent no. 2 is also present in the Court and has been identified by the Investigating Officer. 9. On the query made by this Court, respondent no.2 has categorically stated that she has settled the matter on her own free will and without any pressure. It is also stated by respondent no.2 that the entire dispute has been 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 17/02/2025 at 17:26:25 amicably settled between the parties and she does not want to pursue the aforesaid FIR any further. The parties also undertook that they shall abide the terms and conditions of the Settlement Agreement arrived at between the parties. 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 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. 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 17/02/2025 at 17:26:25

13. 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. 14. In view of the settlement arrived at between the parties, law laid down by the Hon’ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing No. 557/2018 registered at Police Station – Punjabi Bagh, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 15. The petition alongwith pending applications, if any, stand disposed of. FEBRUARY 13, 2025 rk/anr 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 17/02/2025 at 17:26:25