Ravi Malik & Anr. v. State GNCT of Delhi & Anr.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 635/2018, dated 16.11.2018, registered at P.S Dabri, Delhi under Sections 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. 1and Respondent no. 2/complainant was solemnized on 08.03.2007 as per Hindu Rites and ceremonies. Two children were born out of the said wedlock. However, on account of temperamental differences Petitioner No. 1 and Respondent No. 2 were living separately, however presently they are residing together with their children.

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. 635/2018 was lodged at the instance of respondent no. 2 at PS Dabri under sections 498A/406/34 IPC against the petitioners. Subsequently Chargesheet was filed.

4. During the course of proceedings, the parties amicably resolved their disputes before the Mediation Center, Dwarka Courts and the terms of settlement were written in the form of a Settlement dated 25.06.2024. It is submitted that petitioner no. 1 and respondent no. 2 have amicably resolved all their disputes and have resumed cohabitation. The parties are now residing together along with their children. It is further submitted that as per the terms of the settlement the petitioner shall bear all the household expenses and shall pay Rs. 20,000/- per month to the respondent no.2 on or before 10th day of every month starting from July 2024. Copy of the Settlement dated 25.06.2024 has been annexed as Annexure C.

5. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer W/SI Monu, from PS Dabri.

6. Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 635/2018is 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. 635/2018 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. Hence, 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. 635/2018, dated 16.11.2018, registered at P.S Dabri, Delhi under Sections 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.