Full Text
HIGH COURT OF DELHI
Date of Decision: 14.05.2025 ,,,,,,,,,, CRL.M.C. 444/2025 & CRL.M.A. 2131/2025 EXEMPTION
RAJAT PILLAI & ANR. .....Petitioners
Through: Mr. Abhishek Kaushik, Adv. along
VC.
Through: Mr. Satinder Singh Bawa, APP for the State
Dwarka North Mr. Arjun Wadhwa, Ms. Akansha Anand & Mr. Siddharth Mohan, Advs. for R-
2 along
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0152/2020, dated 27.03.2020, registered at P.S Dwarka North 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.2 was solemnized on 08.02.2011 as per Hindu rites and ceremonies at Delhi. One child namely Ashveka P. Thakur was born on 08.11.2013 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 03.11.2018. Thereafter, Respondent No.2 filed a complaint under section 12 of the DV Act and also lodged the aforesaid FIR against Petitioner No. 1 and his family members.
3. During the proceedings, the parties were referred to Mediation Centre, Dwarka Courts, New Delhi where they amicably resolved their disputes and executed a Settlement Agreement dated 12.01.2024. 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-02, Dwarka Courts, New Delhi allowed the mutual divorce petition on 02.05.2024, 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 It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement including payment of total settlement amount of Rs. 10,00,000/- (Rupees Ten Lacs) to the Respondent No.2 has been fulfilled as per the schedule mentioned in the Settlement Agreement. The copy of Settlement Agreement dated 12.01.2024 has been placed on record as Annexure A-3.
4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “07.05.2025 Mr. Arjun Wadhwa, Ld. Counsel for Respondent no. 2 through VC & Respondent no. 2 appeared in person and submits that the demand draft for a sum of Rs. 2,00,000/- bearing no. 507860, drawn on ICICI Bank, dated 18.01.2025 handed over to Respondent no. 2 on the last date of hearing stands duly honoured and nothing else remains due in this case and Respondent no. 2 has no objection if FIR No. 152/2020, Under Section 498-A/406/34 IPC, registered at PS Dwarka North, Delhi, and all proceeding emanating there from is quashed qua the petitioners. The statement of Respondent no. 2 to ascertain the veracity and the genuineness of the parties entering into settlement was recorded on 25.04.2025. Let the pre-verified statement along with this order be placed before the Hon’ble Court on 14th May, 2025.
5. Parties have entered their appearance through VC with advocates for petitioners. while respondent no.2 is physically present in Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Gaurav, from PS Dwarka North.
6. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and she has received the total settlement amount of Rs. 10,00,000/- (Rupees Ten Lacs) from the Petitioners as per the schedule mentioned in the Settlement Agreement dated 12.01.2024. She further submits that she has no objection if the FIR No. 0152/2020 alongwith charge sheet 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. 0152/2020 alongwith charge sheet 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. 0152/2020, dated 27.03.2020, registered at P.S Dwarka North under sections 498A/406/34 IPC alongwith chargesheet and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO. 0152/2020, dated 27.03.2020, registered at P.S Dwarka North under sections 498A/406/34 IPC 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