Full Text
HIGH COURT OF DELHI
Date of Decision: 21.07.2025 ,,,,,,,,,, W.P.(CRL) 60/2025 & CRL.M.A. 547/2025 EXEMPTION
SH. VINOD KUMAR & ORS. .....Petitioners
Through: Mr. Amit Kumar, Advocate for the petitioners along
… Respondents
Through: Mr. Sanjay Lao, Standing Counsel (Crl.)
Arya & Mr. Aryan Sachdeva SI Vinod Kumar, PS Palam
Village Respondent No. 2 is present in person
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 378/2022, dated 04.07.2022, registered at P.S Palam Village, Delhi under Sections 498A/506/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. The marriage between Petitioner No. 1 and Respondent No. 2 solemnized on 30.01.2003 according to Hindu rites and ceremonies. It is submitted that two children namely Eklavya (D.O.B 13.06.2007) and Ishita (D.O.B 14.08.2009) were born from the said wedlock. Due to temperamental differences, Petitioner No. 1 and Respondent No. 2 started living separately since 04.11.2021. As per allegations in the FIR, Respondent No. 2 alleged that Petitionerssubjected her to domestic violence and harassment. Thereafter, Respondent No. 2 filed FIR No. 378/2022, dated 04.07.2022, at P.S Palam Village, Delhi under section 498A/506/34 IPC.
3. During the proceedings, the parties amicably resolved their disputes and executed a Mediation Settlement dated 13.12.2024 arrived at Mediation Centre, Dwarka Courts, New Delhi. In pursuance of settlement, Respondent No.2 and Petitioner No. 1 have started residing together along with their children in a rented accommodation. The copy of Mediation Settlement dated 13.12.2024 has been placed on record as Annexure P-2.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Vinod Kumar, PS Palam Village.
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. 378/2022is 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. 378/2022 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:-
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. 378/2022, dated 04.07.2022, registered at P.S Palam Village, Delhi under section 498A/506/34 IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 378/2022, dated 04.07.2022, registered at P.S Palam Village, Delhi under section 498A/506/34 IPC 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 21, 2025