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Delhi High Court
Varun Nagpal Ors. vs State Nct Of Delhi And Anr. on 22 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~62 to 64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.02.2024
+ CRL.M.C. 1454/2024
VARUN NAGPAL ORS. ….. Petitioners
Through:
versus
STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Dilsukh, PS KNK Marg.
+ CRL.M.C. 1455/2024
VIJAY NAGPAL ANR. ….. Petitioners
Through:
versus
STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Richa, PS Patel Nagar.
+ CRL.M.C. 1456/2024
VARUN NAGPAL ANR. ….. Petitioners
Through:
versus
STATE GOVT OF NCT DELHI ANR. ….. Respondents
Through: Ms. Manjeet Arya, APP for State.
Present : Mr. Mohit Mathur, Sr. Advocate with Mr. Badar
Mahmood, Mr. Mayank Sharma and Mr. Harsh
Gautam, Advocates for Petitioners in all items.
Mr. Roshan Lal Goel and Mr. Bhuvan Goel, Advs.
for Complainant with Complainant-in-person.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
Signature Not Verified
CRL.M.Cs. 1454/2024, 1455/2024 1456/2024 Page 1 of 6
Digitally Signed
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.As. 5741/2024, 5742/2024 5743/2024
Exemption allowed, subject to just exceptions.
Applications stand disposed of.
CRL.M.C. 1454/2024, CRL.M.C. 1455/2024 CRL.M.C. 1456/2024
1. (i). CRL.M.C. 1454/2024 under Section 482 of the Code of
Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of Varun
Nagpal (husband of respondent no. 2), Vijay Nagpal (father-in-law),
Vandana Nagpal (mother-in-law), Ankita Bari (sister-in-law) and Syed Fazal
Bari (brother-in-law of petitioner no. 1 Varun Nagpal) for quashing of FIR
No. 0096/2023 under Sections 498A/406/506/34 IPC registered at P.S.: K.N.
Katju Marg and the proceedings emanating therefrom.
(ii). CRL.M.C. 1455/2024 under Section 482 of the Code of Criminal
Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of Vijay Nagpal
and Syed Fazal Bari for quashing of FIR No. 0368/2022 under Sections
506/509/34 IPC registered at P.S.: Patel Nagar and the proceedings
emanating therefrom.
(iii). CRL.M.C. 1456/2024 under Section 482 of the Code of Criminal
Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of Varun Nagpal
and Syed Fazal Bari for quashing of FIR No. 0432/2022 under Sections
376/377/34 IPC registered at P.S.: Patel Nagar and the proceedings
emanating therefrom. Sections 376(D)/377/323/354/354A/354C/354D/328/
509/34 IPC are stated to have been subsequently invoked at the time of filing
chargesheet/supplementary chargesheet.
Signature Not Verified
CRL.M.Cs. 1454/2024, 1455/2024 1456/2024 Page 2 of 6
Digitally Signed
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
2. Issue notice. Learned APP for the State and learned counsel for
respondent no. 2 alongwith respondent no. 2 in person appear on advance
notice and accept notice.
3. In brief, as per the case of the petitioners, marriage between Varun
Nagpal and respondent no. 2 was solemnized according to Hindu rites and
ceremonies on 02.07.2021. No child was born out of the wedlock. Due to
temperamental differences, respondent No.2 and Varun Nagpal started living
separately since 19.05.2022.
4. On complaint of respondent No.2, FIR No. 368/2022 under Section
506/509/34 IPC was registered at instance of respondent no. 2 at PS Patel
Nagar on 25.05.2022. FIR No. 0432/2022 under Sections 376/377/34 IPC
was registered against Varun Nagpal and Syed Fazal Bari on 08.07.2022 at
P.S. Patel Nagar. Thereafter, FIR No. 0096/2023, under Section 498A/406/
506/34 IPC was registered at P.S. K.N. Katju Marg on 03.03.2023.
5. Learned counsel for the petitioner submits that all the three FIRs arise
out of matrimonial differences between the parties and petitioner no.1/Syed
Fazal Bari in FIR No. 0432/2022 under Section 376(D)/377/323/354/354A/
354C/354D/328/509/34 IPC was granted interim protection in the first
instance vide order dated 21.07.2022 passed by this Court in BAIL APPL.
No. 2188/2022, which continues till date.
6. The matrimonial disputes are stated to have been amicably resolved
between the parties in terms of settlement deed dated 12.01.2024. The first
motion of divorce by way of mutual consent has been allowed on 29.01.2024
by Learned Principal Judge, Family Courts, Tis hazari Courts and the second
motion of divorce is under process.
7. An amount of Rs. 6,00,000/- out of total settlement amount of Rs.
Signature Not Verified
CRL.M.Cs. 1454/2024, 1455/2024 1456/2024 Page 3 of 6
Digitally Signed
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
20,00,000/- has been paid to respondent No. 2 through DD No. 520722 dated
21.02.2024, drawn on ICICI Bank, Patel Nagar Branch, Delhi, in favour of
respondent No. 2 in lieu of cheque mentioned in the settlement deed. It is
agreed between the parties that the balance amount of settlement shall be
paid by petitioner No.1 to respondent No. 2 at the time of second motion of
divorce.
8. Learned APP for the State submits that in view of amicable settlement
arrived between the parties, the State has no objection in case the FIRs in
question are quashed.
9. Petitioners as well as respondent No. 2 are present in-person and have
been identified by respective IOs of concerned police stations. I have
interacted with the parties and they confirm that the matter has been
amicably settled between them without any threat, pressure or coercion.
Respondent No. 2 also states that nothing remains to be further adjudicated
upon between the parties and she has no objection in case the FIRs in
question are quashed.
10. Petitioner in the present case seeks to invoke the powers under Section
482 of Code of Criminal Procedure. The same is to be used to secure the
ends of justice or to prevent the abuse of process of any Court. In which
cases, the power to quash the criminal proceedings or the complaint or FIR
may be used when the offender as well as victim have settled their dispute,
would depend upon the facts and circumstances of each case and no
generalised list or categories can be prescribed. However, the Court is
required to give due regard to the nature and gravity of the offence and
consider the impact on the society.
11. Also the Court has to make an endeavour to find out if the allegations
Signature Not Verified
CRL.M.Cs. 1454/2024, 1455/2024 1456/2024 Page 4 of 6
Digitally Signed
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
have been made in a routine course after the matrimonial differences erupted
between the parties or in case commission of any such offence was earlier
disclosed at the relevant time when such offence was allegedly committed.
It may be noticed that while granting interim anticipatory bail vide
order dated 21.07.2022 in BAIL APPLN. No. 2188/2022, it was brought to
the notice of this Court that the allegations relating to offences under Section
376 IPC had never been alleged while registering FIR No. 368/2022 on
25.05.2022 and FIR No. 0432/2022 was only lodged on 08.07.2022, though
the incidents allegedly pertained to a prior period. Thus, the complaints/FIRs
prima facie appear to have arisen owing to matrimonial differences between
the parties.
12. Considering the facts and circumstances, since the disputes have been
settled between the parties amicably, it may be a futile exercise to continue
with the instant proceedings. The parties need to be given an opportunity to
further settle down and move ahead in life, in view of amicable resolution of
disputes. The continuation of proceedings would be nothing but an abuse of
the process of the Court. Consequently, FIR No. 0096/2023 under Sections
498A/406/506/ 34 IPC registered at P.S.: K.N. Katju Marg; FIR No.
0368/2023 under Sections 506/509 IPC registered at P.S.: Patel Nagar; and
FIR No. 0432/2022 under Sections 376(D)/377/323/354/354A/354C/354D/
328/509/34 IPC registered at P.S.: Patel Nagar and the proceedings
emanating therefrom, stand quashed. The same is further subject to payment
of balance amount to respondent no. 2 in terms of settlement between the
parties.
Petitions are accordingly disposed of. Pending applications, if any,
also stand disposed of.
Signature Not Verified
CRL.M.Cs. 1454/2024, 1455/2024 1456/2024 Page 5 of 6
Digitally Signed
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
A copy of this judgment be forwarded to learned Trial Court for
information.
A copy of this judgment be kept in all the connected petitions.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 22, 2024/akc
Signature Not Verified
CRL.M.Cs. 1454/2024, 1455/2024 1456/2024 Page 6 of 6
Digitally Signed
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
one more case of legal extortion, legal blackmail and criminalisation of criminal law