Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.

JUDGMENT

Chandra Dhari Singh, J. The instant petition is filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) for quashing of FIR no. 789/2017 under Sections 376/364A/365/366/328/323/354A/506/509/34 Indian Penal Code, 1860 (hereinafter referred to as IPC), Police Station Samaypur Badli, North Delhi and quashing of chargesheet filed by respondent no. 1 and further proceedings thereupon on the ground that the matter has been amicably settled between the parties by way of compromise/settlement agreement dated 21st September, 2020.

FACTUAL MATRIX

2. Brief facts of the case leading to the filing of the present petition can be summarized as under:

i) The petitioner no. 1 and respondent no. 2 got to know each other through facebook and within short time became friends and then got close to each other.

ii) On 12th March, 2017, petitioner no. 1 came to Delhi from Panchkula, Chandigarh on the birthday of respondent no. 2.

iii) It is submitted that the petitioner no. 1 and respondent no. 2 met each other at Panchkula, Chandigarh as well as Delhi.

iv) On 30th August, 2017, respondent no. 2 called the petitioner no. 1 and stated that her parents are forcing her for marriage and that she did not want to marry anyone other than the petitioner no.1. She requested the petitioner no. 1 to come to Delhi and to take her away and, thereafter, the petitioner no. 1 took respondent no. 2 to Panchkula.

v) The father of the respondent no. 2 lodged a missing complaint of his daughter on 31st August, 2017 vide G.D. no. 048A in Police Station Samaypur Badli, Delhi.

vi) On 4th September, 2017, father of respondent no. 2 has filed a written complaint to the Police for kidnapping of his daughter (respondent no. 2 herein) and calling for ransom. Upon receiving the said complaint, an FIR bearing no. 789/2017 under Sections 364A/365/34 IPC was registered.

vii) The petitioner no. 1 and respondent no. 2 got married on 6th September, 2017 according to Hindu rites and ceremonies at Shri Balaji Jyotish Kendra, Sector 4, Panchkula, Chandigarh.

viii) The petitioner no. 1 and respondent no. 2, on 7th September, 2017, moved a protection petition (CRM.M. 33444/2017) before Punjab & Haryana High Court at Chandigarh on apprehension that the parents of respondent no. 2 might kill them on pretext of honour killing. The petitioner no. 1 and respondent no. 2 got protection order on 8th September, 2017 from Punjab and Haryana High Court.

ix) After marriage, petitioner no. 1 and respondent no. 2 lived together for few months as husband and wife at their matrimonial house. After sometime, the respondent no. 2 left her matrimonial house on the influence of her parents.

x) On 6th January, 2018, father of respondent no. 2, along with his wife and respondent no. 2, made another written complaint to police for blackmailing, threatening of life, defaming, molestation, rape and intoxication of drugs. Upon said complaint, police added Sections 376/366/328/323/354A/506/509 IPC. Thereafter the victim was taken for medical examination and on the basis of same MLC No. 602/18 got prepared.

xi) The petitioner no. 1 and respondent no. 2 jointly filed a petition under Section 13B (2) of Hindu Marriage Act for dissolution of marriage on mutual consent before the Family Court No. 3, Rohini Courts, Delhi. The marriage of petitioner no. 1 and respondent no. 2 was dissolved vide a decree of divorce by mutual consent with effect from the date of the decree i.e. 27th July, 2021.

xii) With the intervention of family members and respectable people of the society, petitioner no. 1 and respondent no. 2 settled all disputes amicably. The petitioner no. 1entered into a settlement agreement with the respondent no. 2, Ms. Samiksha Singh and her father Mr. Yashwant Singh vide settlement agreement dated 21st September, 2020 executed at Delhi, which is appended as Annexure A3 in the petition. On the basis of said settlement agreement dated 21st September, 2020, the entire dispute bet