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 23/02/2024 at 21:21:05 CRL.M.A. 3992/2024 (Exemption) in CRL.M.C. 994/2024 CRL.M.A. 4084/2024 (Exemption) in CRL.M.C. 1022/2024

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of.

CRL.M.C. 994/2024 & CRL.M.A. 3991/2024 (stay) CRL.M.C. 1022/2024 & CRL.M.A. 4083/2024 (stay)

3. CRL.M.C. 994/2024 is filed on behalf of the Petitioners under Section 482 Cr.P.C. seeking quashing of FIR No. 482/2019 dated 03.08.2019 under Sections 498A / 406 / 34 IPC registered at PS: Dabri including proceedings emanating therefrom.

4. CRL.M.C. 1022/2024 is filed on behalf of the Petitioner under Section 482 Cr.P.C. seeking quashing of FIR No. 554/2018 dated 12.10.2018 under Section 377 IPC registered at PS: Dabri including proceedings emanating therefrom.

5. Marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 09.03.2018 according to Hindu rites and ceremonies at Bihar and no child was born from the said wedlock. On account of disputes and differences arising between Petitioner No. 1 and Respondent No. 2, they have been living separately since 30.01.2019. Respondent No. 2 made a complaint against the Petitioners leading to the lodging of the FIR under Sections 498A / 406 / 34 IPC. Respondent No. 2 also lodged FIR under Section 377 IPC against her husband/Petitioner in CRL.M.C. 1022/2024, in addition to complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

6. During the pendency of the criminal proceedings, parties have amicably resolved their disputes and differences with the intervention of CRL.M.C. 994/2024 & CRL.M.C. 1022/2024 Page 2 of 9 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 23/02/2024 at 21:21:05 well-wishers and relatives and a Settlement Agreement dated 14.12.2022 was executed between Petitioner No. 1/husband and Respondent No. 2. As per the terms of settlement, a sum of Rs.5,00,000/- was to be paid by Petitioner No.1 to Respondent No.2 in full and final settlement of all her claims including permanent alimony, istridhan, dowry, maintenance etc. Complaint filed by Respondent No.2 under Section 12 of the DV Act, has been withdrawn by Respondent No.2. Out of the total settlement amount, first instalment of Rs.1,00,000/- was paid at the time of recording of statements during First Motion under Section 13B(1) of Hindu Marriage Act, 1955 and second instalment of Rs.1,00,000/- was paid at the time of recording of statements during the Second Motion under Section 13B(2) of the said Act. Balance amount of Rs.3,00,000/- was payable at the time of quashing of the present FIRs. Pursuant to the settlement, marriage between Petitioner No. 1 and Respondent No. 2 has been dissolved by mutual consent by a Decree of Divorce dated 06.05.2023, copy of which has been annexed with the petition.

7. Issue notice.

8. Learned APP accepts notice on behalf of the State.

9. Mr. Vinod, learned counsel accepts notice on behalf of Respondent No.2.

10. Petitioners and Respondent No. 2 are present and are identified by their respective counsels as well as the Investigating Officers SI Bhagwan Singh, PS: Chhawla and SI Satyavir Sen, PS: Dabri. Respondent No. 2 states that balance amount of Rs. 3,00,000/- has been received by her today in Court by way of two Demand Drafts bearing Nos. 002696 and 002697 dated 15.01.2024 drawn on Axis Bank, Mahavir Enclave Branch, Delhi. Copies of CRL.M.C. 994/2024 & CRL.M.C. 1022/2024 Page 3 of 9 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 23/02/2024 at 21:21:05 the Demand Drafts have been handed over in Court and are taken on record. Respondent No. 2 submits that she has no objection to the FIRs being quashed as the marriage between her and Petitioner No. 1 stands dissolved and all other disputes have been amicably resolved and settled. Learned APP also has no objection to the quashing of the FIR, in view of the settlement between the parties.

11. The Supreme Court in Gian Singh v. State of Punjab and Another , (2012) 10 SCC 303, observed that while exercising inherent powers under Section 482 Cr.P.C. in respect of quashing of an FIR where parties have entered into amicable resolution of the disputes, one of the considerations would be whether it would be unfair or contrary to the interest of justice to continue the criminal proceedings despite the compromise and if the answer to the question is in the affirmative, the High Court would be well within its jurisdiction to quash the criminal proceedings, in order to ensure that the disputes are put to an end and peace is restored as securing the ends of justice is the ultimate guiding factor. This was of-course with a caveat that heinous and serious offences of mental depravity or offences like murder, dacoity etc. cannot be fittingly quashed even though the victim or the victim's family settles the disputes with the offender. Relevant paragraphs of the judgment are as follows:-

12. In Jitendra Raghuvanshi and Others v. Babita Raghuvanshi and Another , (2013) 4 SCC 58, the Supreme Court deliberated on the scope and ambit of the power under Section 482 Cr.P.C. in the context of matrimonial disputes and observed that inherent powers of the High Court under Section CRL.M.C. 994/2024 & CRL.M.C. 1022/2024 Page 6 of 9 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 23/02/2024 at 21:21:06 482 Cr.P.C . are wide and unfettered and that it is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non- compoundable, if they relate to matrimonial disputes and Court is satisfied that parties have settled the same amicably and without pressure, for the purpose of securing ends of justice, Section 320 Cr.P.C. would not be a bar to the exercise of power for quashing of FIR or subsequent proceedings. It would be relevant to quote few passages from the said judgment as follows:-

13. There can be no cavil to the statement of law that an offence under Section 377 IPC is a heinous offence and ought not to be quashed by the High Court on the basis of a compromise but this Court is unable to gloss over the fact that complaint arose out of a matrimonial discord and now parties have decided to go ahead in their lives and part ways peacefully after their marriage has been dissolved by mutual consent. It is for this reason that the Court is inclined to exercise inherent powers under Section 482 Cr.P.C. to quash the FIR and put an end to the acrimony between the parties. Termination of the criminal proceedings will subserve the interest of justice and will enable the parties to make a new beginning and go ahead with their lives peacefully. This Court is fortified in its view by the orders of this Court in Rifakat Ali & Ors v. State (Govt. of NCT of Delhi) & Anr , Crl. M.C. 599/2021, decided on 26.02.2021 and Aneesh Gupta and Others v. State of NCT of Delhi and Another , 2022 SCC OnLine Del 2985, where FIRs under Sections 406 / 498A / 377 / 34 IPC and 406/498A/354/377/34 IPC respectively were quashed as parties to matrimonial discords had decided to amicably resolve the issues and move on in their respective lives.

14. In view of the settlement between the parties, continuing the criminal proceedings will be an exercise in futility, with remote chances of conviction. In view of the compromise between the parties having its genesis in a matrimonial dispute, this Court in exercise of its inherent CRL.M.C. 994/2024 & CRL.M.C. 1022/2024 Page 8 of 9 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 23/02/2024 at 21:21:06 powers under Section 482 Cr.P.C. quashes the FIR No. 482/2019 dated 03.08.2019 under Sections 498A / 406 / 34 IPC registered at PS: Dabri and FIR No. 554/2018 dated 12.10.2018 under Section 377 IPC registered at PS:

Pending applications also stand disposed of.

JYOTI SINGH, J FEBRUARY 08, 2024/shivam CRL.M.C. 994/2024 & CRL.M.C. 1022/2024 Page 9 of 9 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 23/02/2024 at 21:21:06