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HIGH COURT OF DELHI
Date of Decision: 09.04.2025
MANMOHAN SINGH @ MANMOHAN SINGH SETHI AND OTHER .....Petitioners
Through: Ms. Neha Jain and Ms. Anjali Sisodia, Advs.
Through: Mr. Raghuinder Verma, APP for State
Mr. Shreesh Pathak, Adv. for complainant along
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
3. The present non-contentious petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed seeking quashing of FIR No. 126/2016 (“subject FIR”) for the offences under Section 498A, 406 and 34 Indian Penal Code, 1860 (IPC) registered at Police Station Moti Nagar and all consequential proceedings arising therefrom.
4. Issue notice.
5. Notice is accepted by Mr. Raghuinder Verma, the learned APP for State and by Mr. Shreesh Pathak, the learned counsel for respondent no.2/complainant.
6. Briefly stated, the facts of the case are that the petitioner no.1 and respondent no.2 got married on 23.06.2013 as per Sikh rites and rituals, however, due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 21.06.2015. One female child, namely Barkat Deep Kaur, is also born out of the said wedlock. Soon after, on 08.02.2016, the subject FIR was lodged against the petitioners and thereafter, the parties were referred to mediation by this Court on 23.04.2024.
7. Apropos to the mediation, the petitioners and respondent no.2, have entered into an amicable settlement before the Delhi High Court Mediation and Conciliation Centre, Delhi High Court, Delhi vide the settlement deed dated 30.08.2024 and have settled all their disputes amicably.
8. The complainant/respondent no.2 through appearing Video- Conferencing submits that she has received a total amount of Rs. 50,00,000/- from the petitioner no. 1 by way of six Demand Drafts (“DDs”), three DDs in her name and three DDs in the name of her minor child. The particulars of which are as follows:-
1. 506410 13.09.2024 10,00,000 Minor Child
2. 506409 13.09.2024 5,00,000 Respondent no. 2
3. 500922 28.11.2024 10,00,000 Minor Child
4. 500923 28.11.2024 5,00,000 Respondent no. 2
5. 500963 04.03.2025 10,00,000 Minor Child
6. 500971 13.03.2025 10,00,000 Respondent no. 2
9. The settlement between the parties and the identification have been done before the Joint Registrar (Judicial) vide the Order dated 24.03.2025.
10. In view thereto, the respondent no. 2 has received the entire sum of Rs. 50,00,000/- as full and final settlement, and their marriage has been dissolved by way of mutual consent decree dated 08.01.2025 passed by the learned Judge, Family Court-02, West District, Tis Hazari Courts, Delhi in HMA No. 3290/2024 under Section 13B(2) of the 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 through Video Conferencing. They have also been identified by their respective counsels and the I.O. The report of the Joint Registrar (Judicial) vide the Order dated 24.03.2025 has also been perused.
12. The learned counsel for the parties submit that in pursuance to the settlement, the parties have withdrawn the respective litigations filed by them.
13. The Court has also queried from the respondent no. 2, who confirms that the Settlement/Agreement dated 30.08.2024 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. 50,00,000/- 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 too confirms to all the contents of the settlement.
14. Mr. Raghuinder Verma, learned APP affirms that the State has no objection to the subject FIR being quashed.
15. 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.
16. Accordingly, FIR No. 126/2016 dated 08.02.2016 registered at the Police Station Moti Nagar under Sections 498A/406/34 of the IPC is hereby quashed. All proceedings arising therefrom also stand closed.
17. Accordingly, the petition as well as pending application stands disposed of.