Nivesh & Ors v. State (Nct of Delhi) & Anr

J U D G M E N T ANOOP KUMAR MENDIRATTA, J (ORAL) CRL.M.A. 33406/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

¶1Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioners for quashing of FIR No. 0828/2014, under Sections 323/34 IPC, registered at PS: Karawal Nagar and proceedings emanating therefrom. Chargesheet was filed under Sections 323/354A/34 IPC.

¶2Issue notice. Learned APP for the State along with respondent No. 2 in person appear on advance notice and accept notice.

¶3In brief, as per the case of prosecution, present FIR was registered on

18.09.2014, on complaint of respondent No. 2, who alleged that she was harassed by her husband and in-laws including her Brother-in-Law (Nandoi) / petitioner No. 3. Chargesheet was accordingly filed only against petitioner No. 1 (Husband), while petitioner No. 2 (Mother-in-Law) and petitioner No. 3 (Brother-in-Law) were kept in Column No. 12, as informed by learned APP for the State.

¶4Learned counsel for petitioners submits that the present FIR was registered on account of matrimonial differences between petitioner No. 1 and respondent No. 2, which have been amicably settled vide Settlement Deed dated 03.10.2024 and the parties started residing together since November, 2014.

¶5Respondent No. 2, who is present in person, confirms that since the disputes have been amicably settled between the parties, she has no further grievance in this regard and has no objection in case the FIR in question is quashed.

¶6Learned APP for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.

¶7Petitioners in the present case seek to invoke the powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The same is to be used to secure the ends of justice or to prevent the abuse of process of Court. In which cases, the power to quash the criminal proceedings or the complaint or FIR may be used when the offender as well as victim have settled their dispute, would depend upon the facts and circumstances of each case and no generalized list or categories can be prescribed. However, the Court is

required to give due regard to the nature and gravity of the offence and consider the impact on the society.

¶8It may also be observed that heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot be appropriately quashed despite settlement. However, distinguished from serious offences, the offences which have predominant element of civil dispute or offences involving minor incidents, where the complainant/victim also stands compensated for loss, if any, stand on a different footing, so far as exercise of inherent powers under Section 528 BNSS is concerned. The High Court also is not foreclosed from examining as to whether there exists material for incorporation of such an offence or as to whether there is sufficient evidence which if proved would lead to proving the charge for the offence charged with. It may also be assessed, if in view of compromise between the parties, the possibility of conviction in such a case is remote and whether continuation of proceedings would cause grave oppression and prejudice the accused.

¶9Petitioners and respondent No. 2 are present in person and have been identified by ASI Vikram Singh, PS: Karawal Nagar. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also submits that since all the disputes between the parties have been amicably settled, she has no objection for quashing of FIR in question.

¶10Petitioners and respondent No. 2 intend to put quietus to the proceedings arising out of matrimonial differences between petitioner No. 1 and respondent No. 2. The settlement shall promote harmony between the parties and permit them to move forward in life. Also, the chances of

conviction are bleak in view of amicable settlement between the parties. Further, no past involvement of the petitioners has been brought to the notice of this Court.

¶11Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0828/2014, under Sections 323/354A/34 IPC, registered at PS: Karawal Nagar and proceedings emanating therefrom stand quashed. Petition is accordingly disposed of. Pending applications, if any, also stand disposed of. A copy of this order be forwarded to learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J. NOVEMBER 07, 2024/R

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07.11.2024 + NIVESH & ORS. .....Petitioners Through: Mr. Piyush Sharma, Mr. Sahil Sharma and Mr. Aashish Kumar, Advocates with Petitioners-in-person. versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Satinder Singh Bawa, APP with ASI Vikram Singh, PS: Karawal Nagar and R-2 in person. CORAM: HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA %