Sunil Yadav & Anr. v. The State Govt. of NCT of Delhi & Anr.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. W.P.(CRL) 1357/2025

3. The present petition has been filed by the petitioner, under Section Article 226/227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 341/2024 for the offences punishable under Section 498A, 406 and 34 Indian Penal Code, 1860 (IPC) registered at Police Station Shakarpur, Delhi (“subject FIR”).

4. Issue notice.

5. Notice is accepted by Ms. Rupali Bandhopadhya, the learned Additional Standing Counsel for State and by Ms. Sunita Arora, the learned counsel for respondent no.2/complainant.

6. It is respectfully submitted on behalf of the parties that petitioner no.1 is the husband of respondent no.2, and their marriage was solemnized on 21.11.2007 in accordance with Hindu rites and customs. From the said wedlock, two daughters, namely, Adithi Yadav and Avani Yadav, were born. However, due to irreconcilable differences and incompatibilities between the parties, respondent no.2 left the matrimonial home and began residing with her parents, and the parties have been living separately since 12.10.2023. Subsequently, due to allegations of abuse and threats, including threats pertaining to the kidnapping of the children, the subject FIR was registered against the petitioners on 02.10.2024. Thereafter, petitioner no.1 filed a transfer petition before the Supreme Court seeking reference to mediation. Consequently, the parties were referred to mediation by the Supreme Court on 17.12.2024.

7. It is further submitted that, pursuant to the aforesaid mediation, the petitioners and respondent no.2 have entered into an amicable settlement before the Supreme Court Mediation Centre, as recorded in the settlement agreement dated 17.12.2024, thereby resolving all their disputes amicably and the said settlement agreement has been placed on record.

8. The complainant/respondent no.2, present-in-person submits that as per the terms of the settlement deed dated 17.12.2024, she has received a total amount of Rs. 36,00,000/-, 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. In pursuance of the said settlement between the parties, the respondent no. 2 has been identified before the Joint Registrar (Judicial) on 28.04.2025 and in her statement recorded, she has categorically stated that she has received Rs. 36,00,000/- in full and final settlement of her entire alimony and maintenance and towards all her articles and stridhan whatsoever. She further stated that the custody of the two minor children, namely Aditi Yadav and Avani Yadav will remain with her and the petitioner no. 1 will have visitation rights, as per the terms and conditions contained in the said settlement agreement.

10. Before this court, the petitioners are present in person and respondent no. 2/complainant is present physically. They have also been identified by their respective counsels and the Investigation Officer. The report of the Joint Registrar (Judicial) vide the Order dated 28.04.2025 has also been perused.

11. Upon being queried, the respondent no. 2 confirms that the Settlement/Agreement dated 17.12.2024 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. 36,00,000/- 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. The respondent no. 1 also confirms all the contents of the settlement.

12. Ms. Rupali Bandhopadhya, the learned Additional Standing Counsel for State affirms that the State has no objection to the subject FIR being quashed.

13. 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.

14. Accordingly, in the entire conspectus of the facts and circumstances and having regard to the settlement agreement dated 17.12.2024, the subject FIR bearing No. 341/2024 for the offences punishable under Section 498A/406//34 IPC registered at Police Station Shakarpur, Delhi is hereby quashed. All proceedings arising therefrom also stand closed.

15. Accordingly, the petition as well as pending application, if any, stands disposed of.