IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No._____ OF 20__.

IN THE MATTER OF :-

1. MR. XXXXXXXXXX

S/o _____________________

R/o _____________________

 Delhi.

2. SH. XXXXXXXXXX

S/o Sh.__________________

3. MRS.XXXXXXXXX,

W/o Sh. ___________________

Both R/o______________________

Delhi.

4. SMT. XXXXXXXXXXX

W/o Late Sh. _______________

R/o__________________________, Delhi.  : PETITIONERS

VERSUS

1. THE STATE (NCT OF DELHI)                

2. MRS. NEHA

D/o ____________________

R/o___________________,

Delhi.                                                           : RESPONDENTS

FIR No. _________

                   U/s.: 498A/406/34 IPC,

P.S.: ___________

CRIMINAL MISC. MAIN PETITION FILED BY THE PETITIONERS UNDER SECTION 528 OF BNSS FOR QUASHING OF THE PROCEEDINGS IN FIR BEARING No.XXXXXX  REGISTERED WITH POLICE STATION XXXXXXX, DELHI, UNDER SECTION 498A/406/34 OF INDIAN PENAL CODE.

MOST RESPECTFULLY SHOWETH :-

1.       That the Petitioners are law-abiding citizen of India and have full faith in the administration of justice. The Petitioners have sought to invoke the extraordinary jurisdiction of this Hon’ble Court under Section 528 of BNSS for quashing of FIR No. 371/2022 Police Station Nangloi, Delhi under Section 498A/406/34 of IPC, on the basis of the complaint lodged by the Complainant / Respondent no.2 against the Petitioners.

Copy of FIR bearing no.371/2022 is annexed to this petition as Annexure P-1.

Copy of the charge sheet filed by the IO against the Petitioners is annexed as Annexure P-2.

2.       That the petitioners are aggrieved by the present FIR registered with Police Station Nangloi. By this petition, the petitioners are inter alia, seeking the quashing of the said FIR No.371/2022 and proceedings emanating there under.

3.       That the present petition has been filed by the Petitioners and the brief facts of the case, necessary for the disposal of the present petition are summoned up as under:-

3.1     That the present FIR has been registered on the basis of the complaint lodged by the respondent no.2 before CAW Cell, Delhi which is converted into the present FIR and registered in the Police Station Nangloi, Delhi.

3.2     That the petitioner no.1 married to respondent no.2 namely Ms. Neha on 24.04.2021 at Karan Vatika, Nangloi, Najafgarh Road, Rishal Garden, Delhi according to Hindu rites and rituals and thereafter, respondent no.2 resided with the Petitioner no.1.

3.3     After the marriage the Petitioner no.1 and Respondent no.2 lived together as wife and husband with each other and no issue was born out of the said wedlock.

3.4     That after the marriage disputes and differences arose between the Petitioner no.1 and Respondent no.2 and due to some temperamental differences and differences of opinion, the disputes had arisen between the Petitioner no.1 and Respondent no.2 and started living separately from each other from 30.06.2021.

3.5     That all efforts of reconciliation made by family members, relatives & friends of both the Petitioner no.1 and Respondent no.2 have failed, and now there is no possibility of their reconciliation in the future. As such they have finally decided to obtain divorce with mutual consent.

3.6     That the Petitioner no.1 and Respondent no.2 have amicably settled all their disputes, differences and claims against each other and executed a Compromise-cum-Settlement Deed dated 23.07.2024. That the contents of the said Compromise-cum-Settlement Deed may be read as a part and parcel of this present petition. Copy of Settlement Deed dated 23.07.2024 is annexed as Annexure P-3.

3.7     It is has been settled that Petitioner no.1 will pay an amount of Rs. 20,00,000/- (Rupees Twenty Lakhs  Only) as permanent alimony i.e. a full and final settlement towards all claims against Petitioner no.1 and his family and after receiving the same, Respondent no.2 shall not have any monetary claims against the Petitioner no.1 and his family members against any movable and immovable assets including jewelry istridhan, household articles and present, past and future maintenance and permanent alimony and any other claims in respect of the marriage. That after the execution of the Compromise-cum-Settlement Deed, both the Petitioners agreed and undertake to perform the following act:-

a.      That it is agreed that the Petitioner no.1 and Respondent no.2 filed the First Motion Petition under Section 13B(1) after signing the Settlement Deed before this Hon’ble Court; A Draft bearing No.379311 dated 29.08.2024 for an amount Rs.10,00,000/- (Rupees Ten Lacs Only) drawn on Union Bank of India, handed over to the Respondent no.2 by the Petitioner no.1 at the time of recording of the statement of both Petitioner no.1 and Respondent no.2 on the date of the First Motion. However, First Motion was allowed by Ms. Nivedita Anil Sharma; Ld. Principal Judge; Family Court, Rohini Courts, Delhi in HMA No.1461/2024 vide order dated 05.09.2024.

b.     That it is further agreed that the Respondent no.2 shall withdraw the petition U/s 125 Cr.PC from the Hon’ble Court of Sh. Neeraj Gaur, Judge, Family Court, Rohini, Delhi before recording of statement of divorce petition U/s 13(B)(1) of HMA.

c.      It is further agreed that the Respondent no.2 shall withdraw the petition U/s. 12 of PWDV Act filed by her against the Petitioners after recording of the statement of Divorce petition U/s. 13(B)(1) of HMA.

d.     That it is further agreed that both the parties had filed the joint petition U/s. 13 (B) (2) of HMA along with the application for special leave for waiving of the stipulated period of six months before this Hon’ble Family Court, Rohini, Delhi. If in case, the Hon’ble Court does not allow the application for waiving of the stipulated period, then, both parties shall file the joint petition U/s. 13(B)(2) of HMA within a week after expiry of the stipulated period of six months and the Petitioner no.1 shall pay second installment of a sum of Rs.5,00,000/- (Rupees Five Lakh Only) by way of Demand Draft/Pay order in the name of the Respondent no.2 i.e. “NEHA” at the time of recording of statement of the Second motion of the divorce petition U/s 13(B)(2) HMA before the this Hon’ble Court. However, Second Motion Decree of divorce was allowed by Ms. Nivedita Anil Sharma; Ld. Principal Judge; Family Court, Rohini Courts, Delhi in vide order dated …12.2024. Copy of Decree of divorce dated …12.2024 is annexed as Annexure P-4.

e.      That after granting of decree of divorce by Mutual Consent from the Hon’ble Family Court, the Petitioner no.1 file the present Petition for quashing of FIR bearing 371/2022, P.S Nagloi before this Hon’ble Court and the Respondent no.2 shall appear along with her counsel and shall cooperate for quashing of the said FIR. It is further agreed that the Petitioner no.1 shall pay last installment of Rs.5,00,000/- (Rupees Five Lakh Only) by way of DD/ Pay order to the Respondent no.2 in the name of the i.e. “NEHA” at the time of quashing of the FIR before this Hon’ble Court.

f.       That it is agreed between the Petitioners that, if complaint/ case/ petition is pending before any PS/ Authority/ Forum/ Tribunal between the parties or their relatives, it shall stand cancelled / withdrawn/ satisfied. And after granting the divorce by mutual consent and quashing of present FIR, the Respondent no.2 shall not file any type of case, either civil, criminal or matrimonial or complaint for pendente-lite maintenance, permanent alimony or for share in the movable/immovable properties (either self-acquired or ancestral or acquired in any other manner in present or future), business or profession of the Petitioners and relatives in any court of law/authority in any circumstances, in future in any manner. Simultaneously, the Petitioner no.1 undertakes not to file any type of case against the Respondent no.2 and her parents and relatives either civil or criminal in any court of law in their properties (either movable or immovable, inherited or self-acquired).

g.     That after obtaining divorce by mutual consent, both the Petitioner no.1 and Respondent no.2 undertake that they will not interfere in future life of each other and their respective family members, relatives and friends and shall not claim any interest in the moveable and immovable properties, business of the Petitioner no.1 and Respondent no.2 and their family members and the Petitioner no.1 and Respondent no.2 shall not make any kind of correspondence, complaints, etc. including for any family member, relative or friend of either of the Petitioner no.1 and Respondent no.2,  against each other before any other authority and police authority and court of law in India.

3.8     Both the parties agree that on compliance of the terms of the present Conciliated Agreement they shall not interfere in the life of each other in any manner and also undertakes not to make any allegations, defamatory or derogatory, against each other and their respective family members personally or on any public forum and/or through social media i.e. whatsapp, face book, twitter, Instagram etc.

3.9     Both the parties agree and undertake that they shall duly perform and abide by all the terms and condition as contained in the present Settlement Deed and in case of breach of any of the terms and conditions envisaged hereinabove, they shall be liable to be punished under the provision of the Contempt of Courts Act, 1971 on filing of their undertaking in terms of Raj at Gupta Vs. Rupali Gupta, confirming the terms of the present Conciliated Agreement before the Family Court at Tis Hazari, New Delhi, where the Parties already had granted Mutual decree of divorce under Hindu Marriage Act, 1955.

4.       That the petitioners and respondent no.2 has already  withdrawn all the cases / complaint / petition, against each other and other family members of either parties and both the parties further undertakes not to file any case / complaint / suit against the each other and their family members in future before any court of law or any other authority.

5.       That the compliance of other terms and conditions of the compromise / statement recorded in the decree of divorce proceeding, petitioners and respondent no.2 shall be left with no claims, rights, interests etc. against each other in respect of any assets, movable or immovable owed or possessed by them or to be owned or possessed by them or their family members and relatives at any point of time.

6.       That since the petitioners and respondent no.2 have already resolved and sorted out all disputes amongst themselves out of their free will and without any pressure from any corner; they shall live separately without having any grudge and complaint against each other. The petitioners and respondent no.2 shall live their independent lives without involvement of each other.

7.       That it has been further undertaken by the petitioner no.1 and respondent no.2 that they shall not proceed against each other in any case(s) whatsoever either criminal or civil as with this petition each and every transaction / claim / disputes stands settled arising out of said marriage.

8.       That respondent no.2 has already settled all her claim and shall not claiming anything against any claims arising out of this marriage which includes maintenance, permanent, alimony, compensation, Istridhan, etc. and has undertaken that she will not claim anything in future on any account.

9.       That both the parties of this petition have settled and compromised the matter and settled their all claims against each other, no useful purpose is likely to be served to continue with the proceedings of the aforesaid case/FIR, hence the present petition.

10.     Aggrieved from the FIR registered against petitioners, petitioners are moving this petition seeking quashing of the FIR on the following amongst other grounds:-

- : G R O U N D S : -

A.      For that there is nothing remains between the Petitioners and Respondent No.2 as all the claims have been settled and FIR ought to be quashed.

B.      For that the matter has been amicably settled between the petitioners and respondent no.2 vide settlement deed dated 23.07.2024 and now nothing has left between the parties and no useful purpose will be served if the proceedings all allowed to continue.

C.      For that there are no means and in the absence of the same, no offence under Sections 498-A/406/34 of Indian penal Code is made out against the Petitioners.

D.      Because it has been held by the Hon’ble Supreme Court in case “Gian Singh Vs. State of Punjab” in para 57, it has been held that the position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.

E.      For that, the present FIR being ex-facie malafide falls squarely within the scope of the judgment of the Hon’ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal, reported in AIR 1992 SC 604 (para 107. and the petitioners are entitled to have the proceedings quashed on that ground as well.

F.      That in order to buy peace, petitioners are moving this petition seeking quashing of the FIR and no dispute has been left between the petitioners and respondent no.2.

G.      For that entire disputes between the petitioners and respondent no.2 stands settled as petitioners and respondent no.2 state that they have taken this decision of divorce, withdrawal of cases, quashing of FIR with their mutual consent thoughtfully and willingly and that there is no threat, force, fraud or undue influence acting upon them to have come to this decision of settlement by way of mutual consent. The present petition has not been filed in collusion between the petitioners and respondent no.2.

11.     That the petitioners crave the leave of this Hon’ble Court to raise such other or further ground that may be available to them at the time of hearing of the present petition.

12.     That the petitioners craves leave to alter or amend the petition with the permission of this Hon’ble Court and by way of the present petition the petitioner humbly seeks the indulgence of this Hon’ble Court to pass appropriate orders for quashing of FIR.

NON-FILING PARA:-

13.     That the petitioners have not filed any similar petition in the above noted matter either before this Hon’ble Court or before Hon’ble High Court of Delhi or Hon’ble Supreme Court of India.

P R A Y E R

          In the facts and circumstances of the case, it is respectfully prayed that this Hon’ble Court may please to:-

A.      Pass an appropriate order / direction for quashing of FIR No. XXXXX  Police Station_________, Delhi under Section 498A/406/34 of IPC, and all other proceedings emanating thereunder.

B.      Quash the proceedings pending before the Ld. M.M. Dist. XXXXX , Rohini Courts, Delhi chargesheet filed in case FIR No. XXXXXX PS XXXXXXX, Delhi U/s 498A/406/34 of IPC in case titled as “State Vs XXXXXX etc.”,

B.      Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

It is prayed accordingly,

          PETITIONERS

Through

Place: New Delhi

Dated:

ADVOCATES