Himanshu Mehta & Ors. v. The State NCT of Delhi & Anr.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0390/2018, dated 14.06.2018, registered at P.S Vijay Vihar under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. The marriage between Petitioner No.1 and Respondent No.2was solemnized on 11.07.2016 as per Hindu rites and ceremonies at Delhi. It is submitted that due to temperamental differences, the couple started living separately since 24.01.2018. Thereafter, Respondent No.2 filed a petition under section 12 of the DV Act, maintenance petition under section 125 Cr.P.C. and also lodged the aforesaid FIR against Petitioner No. 1 and his family members. The Petitioner No.1 filed a petition under section 9 of the Hindu Marriage Act, 1955.

3. During the proceedings, the parties amicably resolved their disputes and executed a MoU/Settlement Deed dated 10.02.2021. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, Rohini Courts allowed the mutual divorce petition on 22.04.2022, thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the handover of articles by the Petitioner No.1 to the Respondent No.2. The copy of MoU/Settlement Deed dated 10.02.2021has been placed on record as Annexure B.

4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “02.05.2025

1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 390/2018 Under Sections 406/498A/34 of the Indian Penal Code registered at P.S. VIJAY VIHAR, DELHI on the basis of settlement arrived at between the parties.

2. As per the submissions, the matter between the petitioners and R-2 has been amicably settled.

3. Vide separate statement recorded in this behalf, petitioners stated that dispute between them and R-2 has been amicably settled as per the settlement deed dated 10.02.2021. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. They have signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioners has been amicably settled as per the settlement deed dated 10.02.2021. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. The settlement deed has been signed with wish and will.

4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Separate statement of Investigating Officer has also been recorded.

5. The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them.

6. Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon’ble Court.

7. The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure.

8. In view of the above, matter be placed before the Hon’ble Court on 29.05.2025.

5. Petitioners are physically present before the Court while respondent no.2 has entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Rajesh Kumar from PS Vijay Vihar.

6. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and she has received all the dowry/istridhan articles from petitioner no.1 as per schedule mentioned in the Settlement Deed. She further submits that she has no objection if the FIR No. 0390/2018 is quashed against the petitioners.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0390/2018 is quashed.