Khushi Ram @ Rajeev & Ors. v. The State Govt. of NCT of Delhi and Anr.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 241/2019, dated 17.07.2019, registered at P.S M.S. Park, Delhi under Sections 498A/406/34IPC & Section 4 DP Act and all proceedings emanating therefrom on the basis of settlement between the parties.

2. The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 30.06.2018. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 15.01.2019. Respondent No. 2 alleged that the Petitioners subjected her to both physical and mental harassment, dowry demands and threats. She was also deprived of her stridhan. At instance of Respondent No. 2, FIR No. 241/2019, dated 17.07.2019 was lodged at P.S M.S. Park, Delhi under section 498A/406/34IPC & Section 4 DP Act. Chargesheet was filed against the petitioners under section 498A/406/34 IPC & Section 4 DP Act.

3. During the pendency of the proceedings, the parties have amicably resolved their disputes and executed a settlement dated 18.01.2024 arrived at Delhi Mediation Centre, Karkardooma Courts, Delhi and in furtherance of which a Compromise/Settlement Deed dated 20.01.2025 was also executed. In pursuance of the settlement Petitioner No. 1 and Respondent No. 2 filed divorce petition under Section 13-B(1)/(2) of the Hindu Marriage Act, 1955 and the Ld. JFC- 03,Karkardooma Courts, Delhi allowed the mutual divorce petition on 09.04.2024, thereby dissolving the marriage between the Petitioner No. 1 and Respondent No. 2. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 3,50,000/- (Rupees three lacs fifty thousand only) as per the schedule mentioned in the Settlement Deed. The copy of Compromise/ Settlement Deed dated 18.01.2025 has been placed on record as Annexure D.

4. All petitioners except petitioner no.2 are physically present before the Court. Respondent no.2 is also present in person. They have been identified by their respective counsels as well as by the Investigating Officer SI Buglesh from PS M.S.Park

5. Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 241/2019 is quashed against the Petitioner.

6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 241/2019 is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

8. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 241/2019, dated 17.07.2019, registered at P.S M.S. Park, Delhi under section 498A/406/34IPC & Section 4 DP Act and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 241/2019, dated 17.07.2019, registered at P.S M.S. Park, Delhi under section 498A/406/34IPC & Section 4 DP Act and all the other consequential proceeding emanating therefrom is hereby quashed.

10. Petition is allowed and disposed of accordingly.

11. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J JULY 22, 2025