Sh. Chetan Khanna and Ors. v. The State Govt. of NCT of Delhi and Anr.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. W.P.(CRL) 739/2025

3. The present Petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the Petitioner Nos. 1, 2, 3 and 4, who are the Husband, Father-in-law, Mother-in-law and Sister-in-law of the Complainant / Respondent No. 2, seeking quashing of the FIR No. 40/2023 (subject FIR) dated 31.01.2023 registered at the Police Station Madhu Vihar for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (‘IPC’).

4. Issue notice.

5. Notice is accepted by Mr. Anand V. Khatri, learned ASC for State and by Mr. Saleem Akhtar, the learned counsel for respondent No.2/complainant, who is present in person in the Court.

6. The learned counsel for the petitioner submits that the Marriage of petitioner no.1 and respondent no.2 was solemnized on 14.11.2019 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent No.2, they started living separately from 24.06.2022. No child is born out of the said wedlock.

7. He further submits that on the intervention of common relatives and the friends, Petitioners and respondent No.2, have entered into an amicable settlement vide settlement deed dated 06.12.2024 and have settled all their disputes amicably and the said deed is placed on record.

8. Pursuant to the Settlement Deed, the statement of the parties were recorded before the Joint Registrar (Judicial) on 18.03.2025 and the parties have been duly identified by the Investigating Officer. The respondent no. 2 in her statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR is quashed.

9. In view thereto, the respondent no. 2 has received the entire sum of Rs.6,00,000/- as full and final settlement and their marriage has been dissolved by way of mutual consent decree dated 18.01.2025 in HMA No. 76/2025 passed by the learned Principal Judge, Family Court, East District, Delhi under Section 13B(2) of the Hindu Marriage Act, 1955 and no other litigation is pending between the parties.

10. Before this Court, the Petitioner nos. 1 to 4 are present through Video Conferencing and Respondent No.2 is present in person in the Court. Their credentials have been verified and they have also been identified by their respective counsels and the Investigating Officer. The report of the Joint Registrar (Judicial) vide Order dated 18.03.2025 has also been perused.

11. In the foregoing, the learned counsel for the parties, jointly submit that in pursuance to the settlement, the subject FIR be quashed stating that the parties have withdrawn the respective litigations filed by them.

12. This Court has also queried from the Respondent No.2 who confirms that the Settlement/Agreement dated 06.12.2024 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.6,00,000/- 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 all aspects of the settlement have now been performed and she has received the aforesaid alimony amount from petitioner No. 1 towards the full and final settlement of all the claims. The respondent no.1 too confirms to all the contents of the settlement.

13. Mr. Anand V. Khatri, the learned ASC, also 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, the subject FIR i.e., FIR No. 40/2023 dated 31.01.2023 registered at the Police Station Madhu Vihar for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (‘IPC’) is hereby quashed and all the proceedings emanating therefrom also stand closed.