Kuldeep Mourya and Ors. v. State NCT of Delhi and Anr.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

3. The present petition under Section Article 226/227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed seeking quashing of FIR No. 571/2016 (“subject FIR”) dated 22.07.2016 for the offences punishable under Section 498A, 406 and 34 Indian Penal Code, 1860 (IPC) registered at Police Station Dabri, Delhi.

4. Issue notice.

5. Notice is accepted by Mr. Raghuinder Verma, the learned APP for State and by respondent no.2/complainant in person.

6. The learned counsel for the petitioner submits that the petitioner no.1 and respondent no.2 got married on 25.11.2013 as per Hindu Rites and customs, however, due to extreme incompatibilities between the petitioners and respondent no. 2, the respondent no. 2 left the matrimonial home to reside with her parents and consequently, they started living separately. Soon after, on 22.07.2016, the subject FIR was lodged against the petitioners. The respondent no. 2 filed multiple complaints against the petitioners before multiple judicial forums.

7. Thereafter, during the pendency of litigation, the parties entered into an amicable settlement before the Counselling Cell, Family Courts, Dwarka Courts, Delhi vide the settlement agreement dated 05.10.2024 and have settled all their disputes amicably.

8. The complainant/respondent no.2 present in person submits that as per the terms of the settlement deed dated 05.10.2024, she has received a total amount of Rs. 11,50,000/- from the petitioner no. 1 as full and final settlement of all her claims including maintenance (past, present and future), permanent alimony in three (03) installments.

9. The settlement between the parties and the identification has been done before the Joint Registrar (Judicial) vide the Order dated 25.03.2025.

10. In view thereto, the respondent no. 2 has received the entire sum of Rs. 11,50,000/- as full and final settlement, and their marriage has been dissolved by way of ex-parte divorce consent decree dated 12.01.2017 passed by the learned Principal Judge (South-West) District, Family Courts, Dwarka, New Delhi in HMA No. 661/2015 under Section 13(1)(ia) of Hindu Marriage Act, 1955 and no other litigation remains pending between the parties.

11. The petitioners are present in court and respondent NO. 2/complainant is present physically. They have also been identified by their respective counsels and the I.O. The report of the Joint Registrar (Judicial) vide the Order dated 25.03.2025 has also been perused.

12. The Court has also queried from the respondent no. 2, who confirms that the Settlement/Agreement dated 05.10.2024 has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she has received a sum of Rs. 11,50,000/- from the petitioner no.1 as full and final settlement, in compliance of the terms of the said Settlement/Agreement. The respondent no. 2 also confirms that she has received the aforesaid amount of alimony and all aspects of the settlement have now been performed and their marriage has been dissolved decree dated 12.01.2017 passed by the learned Principal Judge (South-West) District, Family Courts, Dwarka, New Delhi ad that no litigation remains pending between the parties. The respondent no. 1 also confirms all the contents of the settlement.

13. Mr. Raghuinder Verma, the learned APP for State affirms that the State has no objection to the subject FIR being quashed.

14. In 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. Accordingly, FIR No. 571/2016 dated 22.07.2016 for the offences punishable under Section 498A, 406 and 34 IPC registered at Police Station Dabri, Delhi is hereby quashed. All proceedings arising therefrom also stand closed.