% 06.05.2024 CRL.M.A. 13663/2024 (exemption from filing the certified copy of the Annexure - A/FIR)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

3. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (' CrPC ') seeking quashing of FIR No. 422/2019 dated 10.12.2019, for offences under Sections 498A / 406 / 34 of the Indian Penal Code, 1860 (' IPC '), registered CRL.M.C. 3553/2024 Page 1 of 7 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 08/05/2024 at 22:29:39 at Police Station Khyala, including all consequential proceedings arising therefrom. The said FIR was registered on a complaint filed by Respondent No. 2.

4. It is averred that the marriage between Petitioner No.1 and Respondent No.2 was solemnized on 08.03.2019 as per Hindu rites and ceremonies. No child was born out of the said wedlock. Thereafter, due to matrimonial discord, some misunderstandings took place between the parties, due to which Petitioner No.1 and Respondent No. 2 have been living separately since 12.06.2019.

5. Subsequently, Respondent No.2 made a complaint against Petitioner No.1 and his family members, alleging that she was subjected to cruelty by them, which later culminated into the aforementioned FIR.

6. The present petition is filed on the ground that the matter has been amicably settled between the parties voluntarily before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 08.12.2023, after examining all probabilities. Respondent No.2 and Petitioner No.1 have already obtained a decree of divorce by mutual consent, and they intend to live their future lives peacefully.

7. In terms of the settlement dated 08.12.2023, out of the total settlement amount of ₹20,00,000/-, an amount of 12,00,000/- already stands paid to Respondent No. 2, and balance settlement amount of ₹8,00,000/- has been handed over to Respondent No. 2 today in Court by way of Bankers Cheque No. 669753 dated 26.04.2024 drawn on State Bank of India.

8. The parties are present before this Court in person and have been duly identified by the Investigating Officer.

9. Respondent No.2, on being asked, states that she does not wish to pursue the proceedings arising out of the present FIR, and CRL.M.C. 3553/2024 Page 2 of 7 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 08/05/2024 at 22:29:39 has no objection if the proceedings are quashed.

10. Offence under Section 406 of the IPC is compoundable whereas offence under Section 498A of the IPC is non- compoundable.

11. It is well settled that the High Court while exercising its powers under Section 482 of the CrPC can compound offences which are non-compoundable under the Code on the ground that there is a compromise between the accused and the complainant. The Hon'ble Apex Court has laid down parameters and guidelines for High Court while accepting settlement and quashing the proceedings. In the case of Narinder Singh & Ors. v. State of Punjab & Anr. : (2014) 6 SCC 466, the Hon'ble Apex Court had observed as under :-

While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.

29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases."

(emphasis supplied)

12. Similarly, in the case of Parbatbhai Aahir & Ors. v. State of Gujarat & Anr. : (2017) 9 SCC 641, the Hon'ble Apex Court had observed as under :-

16.5. The decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as CRL.M.C. 3553/2024 Page 5 of 7 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 08/05/2024 at 22:29:39 murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences. 16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.

16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.

16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and 16.10. There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."

(emphasis supplied)

13. Keeping in view the nature of dispute and that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and CRL.M.C. 3553/2024 Page 6 of 7 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 08/05/2024 at 22:29:39 continuance of the proceedings would amount to abuse of the process of Court. I am of the opinion that this is a fit case to exercise discretionary jurisdiction under Section 482 of the CrPC.

14. In view of the above, FIR No. 422/2019 and all consequential proceedings arising therefrom are quashed.

15. The present petition is allowed in the aforesaid terms.

AMIT MAHAJAN, J MAY 6, 2024 'KDK' CRL.M.C. 3553/2024 Page 7 of 7 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 08/05/2024 at 22:29:39