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Date of Decision: 12.03.2025
KUNAL BEDI & ORS. .....Petitioners
Through: Md. Qamar Ali, Adv.
Through: Mr. Digam Singh Dagar, APP for State.
W/SI Anjali Tomar PS Mukherjee Nagar.
Respondent no.2 in person.
JUDGMENT
1. Allowed, subject to just exceptions.
2. The application stands disposed of. CRL.M.C. 5366/2024
3. The present Petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the Petitioners, who are the Husband, Father-in-law and Mother-in-law of the Complainant / Respondent No. 2, seeking to quash the FIR NO. 577/2020 dated 09.12.2020 (subject FIR) registered under Sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) at Police Station Mukherjee Nagar, Delhi.
4. Consequent upon completion of the Investigation in the present matter, the Charge-sheet dated 17.05.2021 was filed for the offences under Sections 498A, 406, 34 of IPC, the case for which was pending disposal before the JMFC-02, (Mahila Court), North, Rohini Courts, Delhi.
5. The present Petition is premised on the Settlement/Agreement dated 12.09.2024 arrived at between the parties through Mediation before the Delhi Mediation Centre, Rohini District Courts, Delhi and the divorce decree dated 08.01.2025 which is the culmination of Petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent. No appeal is stated to have been filed against the divorce decree.
6. The Petition is also supported by affidavits of the Petitioners, as well as of Respondent No. 2, along with proofs of their identities; Aadhaar Cards.
7. The Petitioners as well as Respondent No.2 are present in court. Their credentials have been verified by W/Sub-Inspector, Anjali Tomar, Police Station Mukherjee Nagar and they have also been identified by their respective counsels and the I.O. The report of the Joint Registrar (Judicial) vide Order dated 27.02.2025 has also been perused.
8. The learned counsel for the parties submit that in pursuance to the settlement, the parties have withdrawn the respective litigations filed by them.
9. The Court has also queried from the Respondent No.2 who confirms that the Settlement/Agreement dated 12.09.2024 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 was to receive a sum of Rs.6,00,000/- from the Petitioner No.1; and all the full and final settlement amount has been paid to Respondent No. 2, in compliance of the terms of the said Settlement/Agreement. Respondent No.2 also confirms that all aspects of the settlement have now been performed. Respondent no.1 too confirms to all the contents of the settlement.
10. Mr. Digam Singh Dagar, the learned APP affirms that the State has no objection to the subject FIR being quashed.
11. 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.
12. Accordingly, FIR No. 577/2020 dated 09.12.2020 registered under Sections 498-A/406/34 of the IPC at Police Station Mukherjee Nagar, New Delhi is hereby quashed. All proceedings arising therefrom also stand closed.
13. Accordingly, the petition stands disposed of.
14. Pending applications, if any, also stand disposed of.