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HIGH COURT OF DELHI
Date of Decision: 14.05.2025
GAURAV JAJORIA & ORS. .....Petitioners
Through: Mr. Vijay Kumar Bhagat, Adv.
Through: Mr. Satish Kumar, APP for State
Joginder Singh, PS Inderpuri.
Mr. Sumit Kumar, Adv. for R-2 along
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
3. The present petition has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 151/2024 dated 23.06.2024 for offences under Sections 498A/406/506/34, registered at Police Station Inder Puri (“subject FIR”) and all consequential proceedings arising therefrom.
4. The learned counsel for the petitioners submits that the petitioner no. 1 is the husband of respondent no. 2 and their marriage was solemnized on 11.12.2020, as per the Hindu rites and ceremonies. The petitioner no. 2 and the petitioner no. 3 are the father-in-law and mother-in-law, respectively, of the respondent no. 2. A girl child, namely, Baby Chaarvi was born out of the said wedlock. Subsequent thereto, he submits, the temperamental differences developed between the petitioner and respondent no. 2, coupled with the raising demands for dowry, led to the registration of the subject FIR.
5. The learned counsel further submits that with the intervention of family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them and have stated cohabiting since 27.12.2024.
6. The present petition is premised on the assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Mutual Compromise/Settlement dated 01.05.2025, has been duly executed between the petitioners and respondent No. 2. It is further submitted that, in terms of the said settlement, the respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. The said Mutual Compromise/Settlement dated 01.05.2025 embodying the terms of settlement has been placed on record.
7. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 05.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed.
8. Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.
9. The respondent no. 2, who is present in court, upon being queried, confirms that she entered into the said Mutual Compromise out of her free will, without any coercion, force or undue influence and that she has withdrawn the litigations filed by her before different Judicial fora. She submitted that she is cohabiting with the petitioner no. 1 since 27.12.2024 and that there is no litigation pending between the parties. Furthermore, she has no objection if the subject FIR is quashed.
10. In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR.
11. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.
12. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.
13. In conspectus of the above facts and the Mutual Compromise/Settlement dated 01.05.2025, the subject FIR bearing No. 151/2024 dated 23.06.2024 for offences under Sections 498A/406/506/34, registered at Police Station Inder Puri and all consequential proceedings emanating therefrom, are hereby quashed.
14. The present petition is, accordingly, disposed of, in the aforesaid terms.