Delhi High Court – Orders
Sudeep Roy And Anr vs The State Nct Of Delhi And Anr on 20 December, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1164/2024
SUDEEP ROY AND ANR .....Petitioners
Through: Mr. Ravi Kant Kaushal, Advocate
along with the petitioners in person
versus
THE STATE NCT OF DELHI AND ANR .....Respondents
Through: Ms. Rupali Bandhopaydhya, ASC for
State
Mr. Vikas Kumar Gautam, Advocate
for R-2 along with respondent no. 2
in person
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 20.12.2024
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 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. 506/2019 registered at Police
Station – Khajuri Khas, New Delhi for offences punishable under Sections
498A/307/34 of the Indian Penal Code, 1860 (hereinafter “IPC“).
2. The brief facts of the case are that the marriage between the petitioner
no. 1 and respondent no.2 got solemnized on 14 th May, 2019 at Gangapur,
District Nadia according to Hindu rites and ceremonies but due to some
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temperamental differences between them, both the parties could not settle
the differences which led to the registration of the aforesaid FIR against the
petitioner on 25th September, 2019.
3. Learned counsel for the petitioners submitted that with the
intervention of family members and relatives, both the parties entered into
settlement vide Compromise/Settlement Deed dated 8th January, 2024. The
terms and conditions of the said settlement are mentioned in the Settlement
Agreement which is annexed as Annexure-B to the petition.
4. Therefore, it is prayed that the instant FIR be quashed on the basis of
Compromise/Settlement Deed dated 8th January, 2024 and in accordance
with the settled law on this point as posited by the Hon’ble Supreme Court.
5. Learned ASC 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.
6. Heard learned counsel for the parties and perused the record.
7. 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.
8. 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
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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.
9. The petitioners are present before this Court and have been identified
by their counsel, Mr. Ravi Kant Kaushal, Advocate and Investigating
Officer Police Station Khajuri Khas, New Delhi. The respondent no. 2 is
also present in the Court and has been identified by Mr. Vikas Kumar
Gautam, Advocate and the Investigating Officer.
10. 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.
11. 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
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and antecedents of petitioners have been bad towards her after the
compromise.
12. In the instant case, as stated above, the parties have reached on the
compromise and amicably settled the entire disputes without any pressure.
13. 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. 506/2019 registered at Police Station Khajuri
Khas, New Delhi for offences punishable under Sections 498A/307/34 of
the IPC and all consequential proceedings emanating therefrom are quashed.
14. The petition alongwith pending applications, if any, stand disposed
of.
CHANDRA DHARI SINGH, J
DECEMBER 20, 2024
gs/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 25/12/2024 at 21:48:16