Saurabh Chauhan & Ors. v. State NCT of Delhi & Anr.

1. The present petition has been filed by the petitioners under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No.260/2022, dated 05.04.2022, under Sections 498- A/406/34 of Indian Penal Code, 1860, registered at Police Station Shakarpur, East District, Delhi and all consequential proceedings arising therefrom.

2. The learned counsel for the petitioners submits that the petitioner no.1 is the husband of respondent no.2 and their marriage was solemnized on 27.06.2019 in Delhi according to Hindu Rites and Ceremonies. He submits that the marriage of the parties suffered an irretrievable breakdown, attributable to the temperamental incompatibility between petitioner no.1 and respondent no.2. He submits that, it is this matrimonial dispute that resulted in the registration of the present FIR and filing of litigations by respondent No.2.

3. The learned counsel further submits that with the intervention of family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them. Furthermore, the marriage of the petitioner no. 1 and respondent no. 2 has been dissolved by way of Mutual Consent vide divorce decree dated 30.11.2024.

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 (MoU)/Settlement Deed dated 18.06.2024 has been duly executed between the petitioners 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.20,00,000/- 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, in three (03) instalments. It is also agreed that the minor son child shall remain in care and custody of respondent no.2 and petitioner no. 1 shall not have any visitation rights. Furthermore, the marriage between the petitioner no. 1 and respondent no. 2 has been dissolved by a decree of divorce by way of mutual consent dated 30.11.2024 passed by the learned Judge Family, East District, Karkardooma Courts, Delhi. The said Mediation Settlement Deed dated 18.06.2024 embodying the terms of settlement has been placed on record.

6. Pursuant to the said 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 30.11.2024 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 above facts and the Memorandum of Understanding (MoU) dated 18.06.2024, the subject FIR bearing No.260/2022, dated 05.04.2022, under Sections 498-A/406/34 of Indian Penal Code, 1860, registered at Police Station Shakarpur, East District, Delhi and all consequential proceedings emanating therefrom, are hereby quashed.

12. The present petition is accordingly disposed of in the aforesaid terms.