Delhi High Court – Orders
Nishant Kapoor & Ors vs State (Nct Of Delhi) & Anr on 23 December, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 4045/2024 & Crl.M.A.39011/2024
NISHANT KAPOOR & ORS. .....Petitioners
Through: Mr. Kumal Sharma, Mr. Prabhjot
Singh and Mr. Yash Punjabi,
Advocates.
versus
STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Yasir Rauf Ansari, ASC for State
with Mr. Amith Sahni and Mr. Alok
Sharma, Advs. And SI Pankaj
Kumar, PS Bhajanpura
Mr. A.S. Khan, Advocate with R-2 in
person
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 23.12.2024
1. The instant petition under Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(hereinafter “BNSS”) [earlier under 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.619/2022 registered at Police
Station- Bhajanpura, New Delhi, for the offences punishable under Sections
498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC“).
2. Issue notice.
3. Notice is accepted by learned Additional Standing Counsel (ASC) for
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the State as well as the learned counsel for the respondent No.2 alongwith
respondent no.2, who is present in-person.
4. The brief facts of the case are that the marriage between the petitioner
No.1 and respondent No.2 got solemnized on 28th May, 2020 at New Delhi,
according to Hindu rites and ceremonies but due to some temperamental
differences between them, they started living separately since 20th June,
2021. No child is born out of their wedlock.
5. Learned counsel for the petitioners submitted that despite several
efforts of reconciliation, both the parties could not settle the differences. The
respondent no.2 submitted a complaint with the CAW Cell, North-East
Delhi which led to the registration of the aforesaid FIR against the
petitioners.
6. It is submitted that the petitioner No.1 and respondent No.2 have
already been granted decree of divorce by way of mutual consent vide
judgment dated 1st November, 2023 passed by learned Principal Judge,
Family Court (North-East), Karkardooma Courts, Delhi.
7. It is further submitted that the respondent no. 2 filed an affidavit-cum-
no objection certificate, wherein it was stated that the 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. 6,000,00/- and all disputes
of any nature whatsoever, out of which the remaining amount of
Rs.1,00,000/- was agreed to be paid at the time of quashing of the FIR.
Furthermore, the respondent no. 2 has explicitly stated that she has no
objection if the aforesaid FIR is quashed. The said affidavit-cum-no
objection certificate is annexed as Annexure P-3 to the instant petition.
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8. Therefore, it is prayed that the instant FIR be quashed on the basis of
the said affidavit-cum-no objection certificate and in accordance with the
settled law on this point as posited by the Hon‟ble Supreme Court.
9. 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.
10. Heard learned counsel for the parties and perused the record.
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.
13. The petitioner nos. 1 to 5 are present before this Court appeared in
person and petitioner nos. 6 and 7 are present before this Court through
video conferencing and have been identified by their counsel Mr. Kumal
Sharma and Investigating Officer (“IO” hereinafter) SI Pankaj Kumar,
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Police Station – Bhajanpura. The respondent No.2 is also present before this
Court and has been identified by her counsel Mr. A.S. Khan, Advocate and
the IO.
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. At this juncture, the petitioner no. 1 has handed over a Demand Draft
bearing No. 066151 for the balance amount of Rs.1,00,000/- dated 21st
December, 2024 in the name of respondent no.2 today in the Court. The
respondent no.2 has verified the particulars of the Demand Draft to her
satisfaction and stated them to be correct.
16. 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. 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
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compromise.
17. In the instant case, as stated above, the parties have reached on the
compromise and amicably settled the entire disputes without any pressure.
18. 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. 619/2022 registered at Police Station-
Bhajanpura, New Delhi, for the offences punishable under Sections
498A/406/34 of the IPC and all consequential proceedings emanating
therefrom are quashed.
19. The petition alongwith pending applications, if any, stand disposed
of.
CHANDRA DHARI SINGH, J
DECEMBER 23, 2024
Rt/mk
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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 30/12/2024 at 21:10:36
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