Rohit Sehgal & Ors. v. The State NCT of Delhi & Anr.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. CRL.M.C. 2037/2025 & CRL.M.A. 9184/2025

3. The present Petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the Petitioner No. 1, 2 and 3, who are the Husband, Brother-in-law and Mother-inlaw of the Complainant / Respondent No. 2, respectively, seeking quashing of the FIR No. 197/2023 dated 12.07.2023 (subject FIR) registered at the Police Station Hari Nagar under Sections 498A/406/34 of the Indian Penal Code, 1860 (‘IPC’) based on the settlement arrived at between the parties with the facilitation of Delhi Mediation Centre, Tis Hazari Courts, Delhi.

4. Issue notice.

5. Mr. Raghuinder Verma, the learned APP for State and Ms. Vishalakshi Goel, learned counsel for respondent No.2/complainant who is present in person in the Court, accepted notice.

6. The learned counsel for the petitioner submits that the marriage of the petitioner no.1 and respondent no.2 was solemnized on 14.04.2022, as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent No.2, the petitioners and the respondent no. 2 started living separately from 22.08.2022. Due to the aforesaid dispute, on the basis of the complaint made by the Respondent No. 2, the subject FIR was registered.

7. He further submits that the petitioners and respondent No.2, have entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide Settlement Deed dated 07.12.2024 and have settled all their disputes amicably, thus, no further dispute subsists thereto.

8. Pursuant to the Settlement, the Statement of the parties have been recorded before the Joint Registrar (Judicial) on 26.03.2025 and the parties have been duly identified by the Investigation Officer (I.O.) and their respective counsels. The Respondent No. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all proceedings emanating therefrom, is quashed.

9. In view thereto, the respondent no. 2 has received the entire sum of Rs.11,00,000/-, as full and final settlement and their marriage has been dissolved by way of mutual consent decree dated 23.01.2025 passed by the learned family court in HMA No. 164/2025 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 no.1 & 2 as well as Respondent No.2 are present in person in the Court and Petitioner no.3 is present through Video Conferencing. Their credentials have been verified and they have also been identified by their respective counsels and the I.O. The report of the Joint Registrar (Judicial) vide Order dated 26.03.2025 has also been perused.

11. This Court has also queried from the Respondent No.2 who confirms that the Settlement/Agreement dated 07.12.2024 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.11,00,000/- 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 alimony of Rs.11,00,000/- as agreed between the parties and all aspects of the settlement have now been performed and the Respondent no.1 too confirms to all the contents of the settlement.

12. In view of the foregoing, counsels the parties, jointly prays for quashing of the subject FIR, stating that the parties have withdrawn the respective litigations filed by them.

13. The learned APP 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. In view of the facts and circumstances and the Settlement/Agreement dated 07.12.2024, the subject FIR i.e. FIR bearing No. 197/2023 dated 12.07.2023 registered at the Police Station Hari Nagar under Sections 498A/406/34 of the IPC is hereby quashed and all proceedings emanating therefrom also stand closed.