Rishab Arora & Ors. v. The State Govt. NCT of Delhi & Anr.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

3. The present petition is filed by the petitioners, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR bearing No. 460/2022 dated 29.05.2022 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 at Police Station Khyala, and all consequential proceedings emanating therefrom.

4. The learned counsel for the petitioners submits that the petitioner no. 1 I the husband of respondent no. 2 their marriage was solemnized on 28.04.2019, in accordance with the Hindu rites and customs at Delhi. A female child, namely, Lyra Arora was born out of the said wedlock. He submits that due to the irreconcilable and temperamental differences, the marriage of the petitioner no.1 and the respondent no. 2 has suffered an irretrievable breakdown and the parties have been living separately since 01.03.2021.

5. The learned counsel submits that the incompatible behaviour, conduct and temperament of the parties, coupled with raising demands of dowry and increasing harassment, led to registration of the subject FIR and filing of litigation by the respondent no. 2.

6. He further submits that during the pendency of litigation between the parties, the parties were referred to the Delhi Mediation Centre, Tis Hazari Courts, Delhi, wherein, with the intervention of the family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of their disputes and that no further dispute subsists in relation thereto. Moreover, the divorce by way of mutual consent has also taken place between the parties vide the divorce decree dated 18.11.2024, passed by the learned Principal Judge, Family Courts, West District, Tis Hazari Courts, New Delhi and no appeal is stated to have been filed from the divorce decree.

7. The present petition is premised on the aforesaid 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/Settlement Deed dated 19.07.2024 has been duly executed between the petitioner no. 1 and the respondent No. 2. It is further submitted that, in terms of the said Settlement/MoU, respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora.

8. As per the terms of Settlement, it was agreed that female child shall remain in the custody of the father and the mother shall have some visitation rights, to visit her daughter on every third Saturday as per the mutual convenience of the parties. It was further agreed that the petitioner no.1 shall pay a total sum of Rs. 5,00,000/- 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. The said Mediation Settlement Deed dated 19.07.2024 embodying the terms of settlement has been placed on record.

9. 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.

10. The complainant/respondent no. 2, who is present-in-person before this Court, upon being queried, confirms that the Settlement Deed dated 19.07.2024 has been entered into between the parties 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 fora and no other litigation remains pending between the parties. She confirms that she has received all the settlement amount from the petitioners and nothing remains due towards the petitioners. Furthermore, she submits that the marriage has been dissolved vide 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 by the divorce decree dated 18.11.2024, passed by the learned Principal Judge, Family Courts, West District, Tis Hazari Courts, New Delhi. She states that the female child shall remain in custody of petitioner no. 1 and she shall have some visitation rights, to visit her daughter on every third Saturday as per the mutual convenience of the parties. Furthermore, no litigation stand pending between the parties and she has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

11. In view of the foregoing, the learned counsels of the parties, jointly prayed, for quashing of the subject FIR.

12. The learned APP, appearing on behalf of the State, submits that there is no objection is the subject FIR and all consequential proceedings arising therefrom are quashed.

13. 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.

14. In conspectus of the above facts and the Settlement Deed dated 19.07.2024, the subject FIR bearing No. 460/2022 dated 29.05.2022 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 at Police Station Khyala and all consequential proceedings emanating therefrom, are hereby quashed.

15. The present petition and pending application are, accordingly, disposed of, in the aforesaid terms.