Delhi High Court – Orders
Sachin Chutani vs State Of Nct Of Delhi & Anr on 3 March, 2025
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 131/2025
SACHIN CHUTANI .....Petitioner
Through: Mr. Baldej Raj, Advocate with
petitioner in person (Through VC)
versus
STATE OF NCT OF DELHI & ANR. .....Respondent
Through: Ms. Priyanka Dalal, APP for the State
with ASI Sanjay Kumar, PS-Rajouri
Garden.
Mr. Aakash Goswami, Advocate for
respondent no.2.
Respondent No.2 in person (Through
VC)
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 03.03.2025
1. 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 petitioner praying for quashing of FIR bearing No. 0173/2021
dated 1st March, 2021 registered at Police Station – Rajouri Garden, Delhi
for offences punishable under Sections 498A of the Indian Penal Code,
1860 (hereinafter “IPC“).
2. The Joint Registrar (Judicial) vide order dated 29th January, 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
and respondent no.2 got solemnized on 19th February, 2009 at Delhi
according to Hindu rites and ceremonies but due to some temperamental
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differences between them, they started living separately since September,
2020. One female child was born out of their wedlock.
4. Learned counsel for the petitioner submitted that despite several
efforts of reconciliation, both the parties could not settle the differences. The
respondent no.2 filed a complaint against the petitioner with Crime Against
Women Cell, Kirti Nagar, Delhi which later converted into the instant FIR
5. It is submitted that with the intervention of family members and well
wishers, both the parties entered into settlement vide Settlement deed dated
23rd May, 2022 (“Settlement” hereinafter). The terms and conditions of the
said settlement are mentioned in the settlement which is attached to the
instant petition
6. It is submitted that the petitioner and respondent no. 2 filed a petition
under Section 13-B (2) of the Hindu Marriage Act, 1955 (hereinafter
“HMA”) before learned Judge, Family Court-I, Tis Hazari and vide
judgment/order dated 23rd March, 2023, the learned Judge granted decree
of divorce under Section 13-B (2) of the HMA.
7. Therefore, it is prayed that the instant FIR may be quashed on the
basis of above said settlement and in accordance with the settled law on this
point as posited by the Hon’ble Supreme Court.
8. Learned APP for the State submitted that there is no objection to the
prayer made on behalf of the petitioner seeking quashing of the FIR in
question in view of the settlement arrived at between the parties.
9. Heard learned counsel for the parties and perused the record.
10. The petitioner is present before this Court through video conferencing
(hereinafter “VC”). He has been identified by his counsel, Mr. Baldev Raj
and Investigating Officer. The respondent no. 2 is also present through VC
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and has been identified by the Investigating Officer.
11. 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 she 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. It is further stated by the respondent no.2 that the entire
dispute has been amicably settled between the parties and she does not wish
to pursue the aforesaid FIR any further. The parties also undertook that they
shall abide by the terms and conditions of the settlement arrived at between
the parties.
12. 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.
13. 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.
14. Furthermore, it was observed by the Hon’ble Supreme Court in the
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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 conscience of the
society and that the compromise between the parties is voluntary and
amicable.
15. In the present case, the complainant/ respondent no.2 is present in
Court through VC and has categorically stated that she has entered into the
compromise and has settled the entire disputes amicably with the petitioner
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.
16. 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. 0173/2021 dated 1st March, 2021 registered at
Police Station – Rajouri Garden, Delhi for offences punishable under
Sections 498A of the IPC and all consequential proceedings emanating
therefrom are quashed.
17. The petition alongwith pending applications, if any, stand disposed
of.
MARCH 03, 2025 CHANDRA DHARI SINGH, J
NA/anr
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The Order is downloaded from the DHC Server on 10/03/2025 at 21:21:39