Jai Shukla v. State of NCT of Delhi & Anr.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing ofFIR No. 0363/2022, dated 05.07.2022, registered at P.S Mohan Garden 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.2was solemnized on 28.11.2019 as per Hindu rites and ceremonies at Delhi. No child was born out of the wedlock. It is submitted that due to temperamental differences, the couple started living separately since 15.03.2022. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner No. 1 and his relatives. The chargesheet has been filed.

3. During the pendency of the proceedings, both parties entered into a settlement agreement dated 21.12.2024, whereby the petitioner and respondent no. 2 amicably resolved all disputes, agreed to pursue mutual divorce, and to withdraw all pending cases. The petitioner undertook to return the stridhan and pay Rs. 15,50,000/- in five installments.

4. 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, South West Dwarka Courts allowed the mutual divorce petition on 23.01.2025, 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 It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled as per the schedule mentioned in the Settlement Deed. The copy of Compromise/Settlement Deed dated 21.12.2024 has been placed on record as Annexure P-3.

5. The matter was placed before the Joint Registrar on 25.04.2025, who has recorded the statements of both the parties and passed the following orders:- “25.04.2025

1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 0363/2022 Under Sections 498A, 406 of the Indian Penal Code registered at P.S. Mohan Garden on the basis of settlement arrived at between the parties.

2. As per the submissions, the matter between the petitioner and R-2 has been amicably settled. Learned counsel for petitioner submits that petitioner is appearing through virtual mode. Petitioner submits that matter has been amicably settled.

3. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioner has been amicably settled as per the settlement deed dated 21.12.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. The settlement deed has been signed with wish and will.

4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Separate statement of Investigating Officer has also been recorded.

5. The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them.

6. Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon'ble Court.

7. The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure.

8. In view of the above, matter be placed before the Hon'ble Court on 02.05.2025.”

6. Petitioner and respondent are present before the Court through

VC. They have been identified by their respective counsels as well as by the Investigating Officer WSI Bala Rani and SI Ravinder Singh, from PS Mohan Garden and PTS, Jharoda, respectively.