Nandini & Ors v. The State Govt. of NCT of Delhi and Anr

O R D E R %

20.11.2024

¶1The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973] has been filed by the petitioners praying for quashing of FIR bearing No. 909/2021, registered at Police Station Nangloi, Delhi, for offences punishable under Sections 451/323/354/354B/505/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

¶2The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer SI Dinesh, Police Station Nangloi. The respondent No.2/complainant is also present in the Court and has been identified by her counsel and the Investigating Officer.

¶3On the query made by this Court, respondent no.2/complainant has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties.

¶4The brief facts of the case are that the marriage of the petitioner no. 1 was solemnized with one Mr. Akshay Goel, the son of respondent no. 2 on 22nd April, 2019. Respondent no. 2 filed an FIR dated 20th December, 2021, bearing No. 909/2021, at Police Station Nangloi, under Sections 451/323/354/354B/505/34 of the IPC, against the petitioner. Thereafter, Mr. Akshay filed a petition on 6th June, 2022, against petitioner no. 1 for divorce and the matter was referred to the Delhi Mediation Center, Rohini District Courts by the concerned learned Family Court.

¶5Thereafter, the son of respondent no. 2 and the petitioner no. 1 entered into a settlement vide Settlement Agreement dated 16th March, 2024 before the Delhi Medication Centre, Rohini District Courts, Delhi. The terms and conditions of the said settlement are mentioned in the aforesaid Settlement Agreement, which is annexed as Annexure P-3 to the petition.

¶6As per the aforesaid Settlement Agreement, the marriage between the petitioner No.1 and the son of respondent no. 2 is dissolved by mutual consent vide divorce decree/order dated 26th July, 2024 passed by the learned Principal Judge, Family Court, North West, Rohini Courts, Delhi. Further, pursuant to the Settlement Agreement, the son of respondent no. 2 shall pay a total sum of Rs. 20,00,000/- to petitioner no. 1 towards full and final satisfaction of all the petitioner no. 1's claims arising out of the present marriage, including permanent alimony, stridhan, dowry articles, maintenance, and all other miscellaneous expenses. In addition to the aforesaid Settlement Agreement, an Addendum Settlement Agreement was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. executed between the son of respondent no. 2 and petitioner no. 1 that the respondent no. 2 will provide a No Objection Certificate for the quashing of the aforesaid FIR No. 909/2021 registered at Police Station, Nangloi against the petitioners.

¶7It is submitted on behalf of the parties that the instant FIR may be quashed on the basis of the compromise, as per the Judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC

¶303At this juncture, the petitioner appearing in-person also undertakes to not repeat the same conduct in the future.

¶8Heard learned counsel for the parties and perused the record.

¶9Keeping in view the fact that parties have settled the matter as well as undertaking given by the petitioner, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No. 909/2021, registered at Police Station Nangloi, Delhi, for offences punishable under Sections 451/323/354/354B/506/34 of the IPC and consequent proceedings emanating therefrom are quashed.

¶10The petition alongwith the pending application stands disposed of.

CHANDRA DHARI SINGH, J NOVEMBER 20, 2024 Rt/st

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9033/2024 & Crl.M.A.34621/2024 NANDINI & ORS. ....Petitioners Through: Appearance not given versus THE STATE GOVT. OF NCT OF DELHI AND ANR. ..Respondents Through: Mr. Satish Kumar, APP for the State with SI Dinesh, PS Nangloi Mr. Tushar Rohmetra, Advocate for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH