ORDER

% 31.01.2024 CRL.M.A. 2859/2024 (for exemption)

1. Exemptions allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.C. 713/2024

3. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the FIR No.

536/2015 dated 11.09.2015, under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Sadar Bazar. The FIR was registered on a complaint filed by Respondent No. 2 against the petitioners.

4. It is averred that the marriage between Petitioner No. 1 and Respondent No.2, was solemnized on 11.09.2011 as per Muslim rites and rituals and a child was born out of the wedlock.

5. Thereafter, due to matrimonial discord, some misunderstandings took place between the parties, due to which Petitioner No. 1 and Respondent No. 2 have been residing separately.

6. Subsequently, Respondent No.2 made a complaint in Crime Against Women Cell against the petitioner and his family members, alleging that she was subjected to cruelty by them, which later culminated into above-mentioned FIR No. 536/2015.

7. The present petition is filed on the ground that the parties have amicably settled all their disputes by way of a Compromise Deed dated 11.05.2019, on their own free will without any coercion, pressure, or undue influence. Pursuant to the settlement the parties have already obtained the divorce by way of Mubaraat and they intend to live their future lives peacefully.

8. In terms of the settlement, the entire settlement amount of ₹5,00,000/- (Five Lakhs Only) already stands paid to Respondent No. 2.

9. The parties are present in person and have been duly identified by the IO.

10. Respondent No.2, on being asked, states that she does not wish to pursue the proceedings arising out of the present FIR, and has no objection if the proceedings are quashed.

11. Offence under section 498A of IPC is non-compoundable whereas offence under Section 406 of IPC is compoundable.

12. It is well settled that the High Court while exercising its powers under Section 482 of the CrPC can compound offences which are non-compoundable under the Code on the ground that there is a compromise between the accused and the complainant.

The Hon’ble Apex Court has laid down parameters and guidelines for High Court while accepting settlement and quashing the proceedings. In the case of Narinder Singh & Ors. v. State of Punjab & Anr. : (2014) 6 SCC 466, the Hon’ble Supreme Court had observed as under :-

“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious