Yogesh Kumar and Ors. v. The State of NCT of Delhi and Anr

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 295/2018, dated 16.10.2018, registered at P.S Subzi Mandi, Delhi under Sections 354/498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. The factual matrix giving rise to the instant case is that the marriage between Petitioner No. 1 and Respondent no. 2/complainant was solemnized on 06.05.2007. One child was born out of the said wedlock. However, on account of temperamental differences Petitioner No. 1 and Respondent No. 2 are living separately since 19.12.2009.

3. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. FIR No. 295/2018 was lodged at the instance of respondent no. 2 at PS Subzi Mandi under sections 354/498A/406/34 IPC against the petitioners.

4. During the course of proceedings, the parties amicably resolved their disputes before Ld. MM-03, Mahila Court, Tis Hazari Courts, New Delhi and the terms of settlement was recorded vide order dated 29.11.2023. It is submitted that petitioner no.1 and respondent no. 2 have obtained divorce on 05.07.2024 and the petitioner no. 1 has paid the entire settlement amount of Rs. 5,25,000/- (Rupees Five Lac Twenty-Five Thousand Only) to respondent no. 2 as per the order. Copy of the order dated 29.11.2023 has been annexed as Annexure D.

5. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Vikash Fageria, from PS Subzi Mandi.

6. Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has received the entire settlement and has no objection if the FIR NO. 295/2018 is quashed against the Petitioners.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 295/2018 is quashed.

8. Hon’ble Supreme Court has recognized the need of amicable settlement of disputes in Rangappa Javoor vs The State Of Karnataka And Another, Diary No. 33313/2019, 2023 LiveLaw (SC) 74, Jitendra Raghuvanshi & Ors. vs Babita Raghuvanshi & Anr., (2013) 4 SCC 58 & in Gian Singh vs State of Punjab (2012) 10 SCC

303.

9. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC.

10. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.

11. In the interest of justice, the petition is allowed, and the FIR NO. 295/2018, dated 16.10.2018, registered at P.S Subzi Mandi, Delhi under Sections 354/498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

12. Petition is allowed and disposed of accordingly.

13. Pending application(s), if any, also stand disposed of.