Full Text
HIGH COURT OF DELHI
Date of Decision: 14.05.2025
SH. RAKESH KUMAR AND ORS. .....Petitioners
Through: Mr. Joginder and Mr. Tara Chand, Advs.
Through: Mr. Hitesh Vali, APP for the State
Mr. Tapashwar Vatsa, Mr. Varun Kr.
& Mr. Sumit Kr., Advs. for R-2.
JUDGMENT
RAVINDER DUDEJA, J.
1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No.0094/2021 U/s 498-A/406/34 IPC P.S. AMAN VIHAR, and all proceedings arising therefrom pursuant to a settlement between the parties.
2. The marriage between Petitioner No.1 and Respondent No.2was solemnized on 28.11.2017 as per Hindu rites and ceremonies at Delhi. One female child namely Aavya was born from the said wedlock on 21.08.2018. It is submitted that due to temperamental differences, the couple started living separately since 22.04.2019. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner No. 1 and his family members.
3. Both parties entered into Compromise/Settlement vide Settlement Deed dated 04.01.2024 before the counselling cell. Pursuant to this, they jointly filed HMA No. 2261/2024, and their marriage was dissolved by mutual consent on 20.08.2024. In terms of the settlement, the petitioner paid Rs. 4,50,000/- to respondent no. 2, who retained custody of their daughter, and a copy of the Compromise/Settlement Deed is annexed as Annexure P[2].
4. The matter was placed before the Joint Registrar on 05.05.2025, who has recorded the statements of both the parties and passed the following orders:- “05.05.2025 Today, statement of respondent no.2 has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no.2 has been identified by the IO and the counsel. Let the pre-verified statement along with this order be placed before the Hon’ble Court on 14th May, 2025.”
5. Parties are physically present before the Court with respective Counsels. They have been identified by the Investigating Officer SI Charu Saini, from PS Aman Vihar.
6. Respondent No. 2 confirms that she has received the full and final settlement amount and submits that the matter has been amicably settled with the Petitioners without any force, fear, or coercion. She has no objection to the terms and conditions mentioned in the Compromise/Settlement Deed dated 04.01.2024 and further submits that she has no objection if, FIR No.0094/2021 U/s 498-A/406/34 IPC P.S. AMAN VIHAR along with all pending proceedings arising therefrom, 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.0094/2021 U/s 498-A/406/34 IPC P.S. AMAN VIHAR alongwith pending proceeding is quashed.
8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
9. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No.0094/2021 U/s 498-A/406/34 IPC P.S. AMAN VIHAR and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR No.0094/2021 U/s 498-A/406/34 IPC P.S. AMAN VIHAR, along with the charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J MAY 14, 2025