Ganesh v. State Govt of NCT of Delhi and Anr.

1. The present petitioner has been filed on behalf of the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 0857/2020 dated 15.09.2024 for offence under Section 354-A of Indian Penal Code, 1860, registered under Police Station Ranhola, New Delhi and all consequential proceedings arising therefrom.

2. The learned counsel for the petitioner submits that the son of petitioner is the husband of respondent no.2 and their marriage got solemnized on 01.12.2019 as per Hindu Rites and Rituals and a male child was born out of the said wedlock. Subsequent thereto, he submits, the temperamental differences developed between the son of the petitioner and respondent no. 2, coupled with the raising demands for dowry and increasing harassment, led to the registration of the subject FIR and filing of litigations by the respondent no. 2.

3. The learned counsel further submits that further during the pendency of the litigation between the parties, with the intervention of family members, relatives, and mutual acquaintances, the son of the petitioner and the respondent no. 2 have arrived at an amicable and voluntary resolution of all disputes persisting between them.

4. The present petition is premised on the assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Memorandum of Understanding dated 24.10.2021 has been duly executed between the soon of petitioner and the respondent No. 2. It is further submitted that, in terms of the said Settlement Deed, respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora.

5. As per the terms of the Settlement, the petitioner no.1 has agreed to pay a total sum of Rs. 25,000/- along with jewellery articles (as per admitted list signed by both the parties) to the respondent NO. 2, as a full and final settlement of all her claims including maintenance (past, present and future), stridhan, permanent alimony. Furthermore, the marriage between the son of the petitioner and respondent no. 2 has been dissolved by a decree of divorce by way of mutual consent dated 08.02.2023 passed by the learned Judge Family Courts-2, West District, Tis Hazari Courts, Delhi. The said Memorandum of Understanding dated 24.10.2021 embodying the terms of settlement has been placed on record.

6. Pursuant to this Settlement, the parties appeared before this Court, wherein, the Investigating Officer has duly identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.

7. The respondent no. 2, who is present in Court, upon being queried, submits that she has received the entire settlement amount and nothing remains due towards the petitioners. She confirms that she entered into the said Settlement Deed out of her free will, without any coercion, force or undue influence and that she has withdrawn the litigations filed by her before different Judicial for and no other litigation remains pending between the partes. Furthermore, she submits that the marriage has been dissolved vide the decree dated 08.02.2023 and has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

8. In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR.

9. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.

10. In these circumstances, and having regard to the principles laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, and in view of the fact that the parties have amicably resolved their disputes voluntarily and without any coercion, this Court is of the considered opinion that no useful purpose would be served by continuing with the criminal proceedings. On the contrary, such continuation is likely to foster further animosity between the parties. Accordingly, in the interest of justice, the subject FIR and all proceedings emanating therefrom deserve to be quashed.

11. In conspectus of the facts and the Memorandum of Understanding dated 24.01.2021, the subject FIR bearing NO. 0857/2020 dated 15.09.2024 for offence under Section 354-A of Indian Penal Code, 1860, registered under Police Station Ranhola, New Delhi and all consequential proceedings emanating therefrom, are hereby quashed.

12. Accordingly, the present petition and pending application are disposed of in the aforesaid terms.