Serious offences like dowry harassment leading to suicide, as per Section 304-B IPC, cannot be quashed based on a settlement.

JUDGMENT (ORAL)

Mukta Gupta, J. By this petition, the five petitioners namely Dalbir Singh, Satbir @ Kaptan, Geeta, Ritika Godala @ Ritu and Lalita @ Choti seek quashing of FIR No. 677/2021 under Sections 498A/304B/34 IPC registered at P.S- Tilak Nagar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have entered into a settlement.

2. In the above-noted FIR, the respondent No. 2 stated that his daughter got married to the petitioner No. 1 on 31st March 2021 and it was an arranged marriage. The petitioner No. 1 was unemployed and thus, his parents used to bear the expenses. After the marriage, in-laws of his daughter started demanding dowry though no dowry was demanded at the time of marriage and the respondent No. 2 had performed the marriage as per his capacity. After the marriage, his daughter was harassed by her husband, mother-in-law, brother-in-law Kaptan and the two nieces and they used to demand motorcycle in dowry and on every small little issue, used to taunt the daughter of the complainant. Complainant's daughter came to his house on 22nd August 2021 and she was very upset. When his wife asked the daughter, she stated that she was upset because her husband, brother-inlaw, mother-in-law and the two nieces trouble her and thereafter, she went to her in-laws house. 4-5 days prior to the Rakhi, the complainant had made his daughter and son-in-law understand that they should not fight, however, no settlement could be arrived at. On 30th August 2021 at 8.30 pm, a phone call was received on the phone of his son and the mother-in-law of his daughter stated that his daughter had committed suicide. During the pendency of investigation, petitioners and the respondent No. 2 entered into a memorandum of understanding dated 23rd September 2021, copy whereof is annexed as Annexure-C to the present petition. The terms of settlement note that the parties have entered into a settlement without any coercion and without any transfer of money. The respondent No. 2 has agreed that he has no claim and grievance against the petitioners and will cooperate in the quashing petition preferred before this Court as also make sincere efforts in getting the petitioners released on bail and that the parties have no grudges left against each other.

3. Learned Additional Standing Counsel for the State submits that petitioner No. 1 is presently in judicial custody and the anticipatory bail application filed by the petitioner Nos. 3 and 4 namely Geeta has already been dismissed on 22nd September 2021 by learned ASJ. Learned Additional Standing Counsel for the State submits that after investigation, a charge sheet has been filed keeping the petitioner No. 1 namely Dalbir Singh and petitioner No.3 Geeta in column No. 11, whereas, petitioner No. 2 Satbir @ Kaptan and petitioner Nos. 4 and 5 namely Ritika and Lalita who are the two nieces have been kept in column No. 12.

4. Therefore, as regards petitioner Nos. 2,4 and 5 are concerned, no relief of quashing of FIR is required to be passed qua them as they have been kept in column No.12 and in case they are summoned by the Court, the same will be a separate cause of action which they can challenge. Thus the issue in the present petition is whether the FIR and proceedings pursuant thereto can be quashed for an offence punishable under Section 304-B IPC qua the petitioner No.1 and 3 on the basis of compromise.

5. Learned counsel for the petitioners seeking quashing of the FIR in question and the proceedings pursuant thereto relies upon the decision of Punjab and Haryana High Court in Kawaljit Kaur and Another Vs. State of Punjab and Others decided on 27th November 2017, wherein, the learned Single Judge of Punjab and Haryana High Court, though noted that the offences punishable under Sections 306 and 304B IPC are of grave nature, however, in view of the decision of the Hon'ble Supreme Court reported as (2014) 6 SCC 466 Narinder Singh and Others Vs. Stat