Harmeet Singh & Ors. v. The State (Govt of NCT of Delhi) & Anr.

1. The present application has been filed by the petitioners seeking early hearing of the petition.

2. The respondent No. 1 as well as respondent no. 2 has no objection to the same.

3. Accordingly, the application is allowed.

4. The petition is taken up for hearing today itself.

5. The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 797/2024 dated 24/06/2024 for offences under Sections 498A, 406 and 34 of the Indian Penal Code, 1860, registered at Police Station Nihal Vihar (“subject FIR”) and all the consequential proceedings arising therefrom.

6. The learned counsel for the petitioner submits that the petitioner no. 1 is the husband of the respondent no. 2 and their marriage got solemnized on 14.06.2023, as per the Hindu rites and ceremonies. He submits that the mutual differences between the parties led to the registration of the subject FIR.

7. He further submits that with the intervention of the family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of their disputes and that no further dispute subsists in relation thereto and the parties are cohabiting since 24.07.2024 as husband and wife.

8. The present petition is premised on the aforesaid 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 Memorandum of Understanding/Settlement Deed dated 10.01.2025 has been duly executed between the petitioner no. 1 and the respondent no. 2. It is further submitted that, in terms of the said Settlement/MoU, respondent no. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. The Settlement Deed dated 10.01.2025 outlining the terms of settlement has been placed on record.

9. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 03.04.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in his statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all the proceedings emanating therefrom is quashed.

10. 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.

11. The respondent no. 2, who is present in court, upon being queried, confirms that she entered into the said Mutual Settlement 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 there is no litigation pending between the parties and that they are cohabiting since 24.07.2024 as husband and wife. Furthermore, she has no objection if the subject FIR is quashed.

12. In view of the foregoing, the learned counsels of the parties, jointly prayed, for quashing of the subject FIR.

13. The learned APP on behalf of the State/respondent no. 1 submits that there is no objection if the subject FIR is quashed.

14. 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.

15. In conspectus of the above facts and the Settlement Deed dated 10.01.2025, the subject FIR bearing No. 797/2024 dated 24/06/2024 for offences under Sections 498A, 406 and 34 of the Indian Penal Code, 1860, registered at Police Station Nihal Vihar and all consequential proceedings emanating therefrom, are hereby quashed.