CRL. M.C. 2986/2021 Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 2986/2021

Date of Decision: 25.02.2022

IN THE MATTER OF:

CHAND MOHD & ORS.

..... Petitioners

Through:

Mr. Mohd. Parvez Dabas and Mr.

Uzmi Jameel Hussain, Advocates

with petitioners in person.

versus

THE STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondents

Through:

Mr. Sanjeev Sabharwal, APP for

State with SI Koyal, P.S.

Mangol Puri.

Mr. Abu Bakar Ali, Advocate for

respondent No. 2 with respondent

No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

(VIA VIDEO CONFERENCING)

JUDGMENT

MANOJ KUMAR OHRI, J. (ORAL)

1. The present petition has been filed under Article 227 of the

Constitution of India read with Section 482 Cr.P.C. on behalf of the

petitioners seeking quashing of FIR No.63/2021 registered under

Sections 498A/406/34 IPC at P.S. Mangol Puri, Delhi on the basis of a

compromise having been arrived at between the parties. During

investigation, Section 376 IPC has been added to the case.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001075

CRL. M.C. 2986/2021 Page 2 of 9

2. The present FIR was registered on the complaint of respondent

No.2/complainant, wherein it was stated that she had gotten married to

petitioner No.1 on 28.03.2010. Over time, the petitioners, who are the

husband, mother-in-law, sister-in-law and brother-in-law of the

complainant respectively, started harassing her for dowry and tortured

her. Succumbing to the pressure, the complainant’s family conceded to

the demands but the disputes continued. On one occasion, the

complainant was beaten by the petitioners and ousted from the

matrimonial house. As per the allegations, petitioner No.4 (brother-in-

law) kept a bad eye on the complainant. In this regard, the complainant

alleged that he had established physical relations with her without her

consent, whereafter he started threatening and blackmailing her.

3. On the last date of hearing, notice was issued and respondent No.

1/State was directed to file the Status Report. In pursuance, a Status

Report dated 21.02.2022 has been placed on record.

4. Learned counsels for the parties submit that the present FIR arises

out of a matrimonial dispute between the parties. It is further submitted

that the dispute arising out of the FIR has been settled vide

‘Agreement/Settlement by way of Mutual Consent’ dated 28.06.2021

(Annexure P-2) executed between petitioner No.1 and respondent No.2

and they are living separately since 06.09.2019. They are also stated to

have obtained divorce by mutual consent vide divorce letter dated

24.08.2021.

5. Learned APP for the State, on the other hand, has vehemently

opposed the prayer made in the petition, on the basis of settlement

arrived at between the parties for Rs.4,80,000/-. While referring to the

Status Report, he submits that during investigation, statements of

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001075

CRL. M.C. 2986/2021 Page 3 of 9

witnesses have been recorded and materials collected, wherefore Section

376 IPC has been added to the case.

6. I have heard learned counsels for the parties and perused the

material placed on record.

7. It is a settled position of law that the scope of powers conferred to

High Courts under Section 482 Cr.P.C. is very wide. The High Court has

inherent power to act ex debito justitiae to do real and substantive justice,

for the administration of which alone it exists, or to prevent abuse of the

process of the Court. The Supreme Court in Gian Singh v. State of

Pu