Akhil Kumar Alias Dev and Ors. v. State NCT of Delhi and Anr

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

3. The present petition has been filed, on behalf of the petitioners, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR bearing No. 0341/2022 dated 02.06.2022 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Mayur Vihar Ph-1, (“subject FIR”) and all consequential proceedings emanating therefrom.

4. The learned counsel for the petitioners submits that petitioner no. 1 is the husband of the respondent no. 2 and their marriage was solemnized on 24.11.2019, in accordance with the Hindu rites and customs. The petitioner no. 2 and petitioner no. 3 are father-in-law and mother-in-law of the respondent no. 2, respectively, while Petitioner No. 4 and Petitioner No. 5 are her brothers-in-law. 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 04.04.2021.

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 Counselling Cell of the Court of learned Principal Judge, Family Court, East District, Karkardooma Courts, wherein, with the intervention and efforts of the relatives and well wishers, the parties had voluntarily, peacefully and amicably settled their disputes without any coercion, pressure, undue influence force 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 28.01.2025 passed by the learned Principal Judge, Family Court, East District, Karkardooma, Delhi and no appeal is stated to have been filed from the said 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 Counselling Cell Settlement Deed dated 04.09.2024 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, the respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora.

8. As per the terms of Settlement, the petitioner no. 1 has agreed to pay a sum of Rs. 10,50,000/- to the respondent no. 2, as a full and final settlement of all her claims including maintenance (past, present and future), permanent alimony, stridhan and all other miscellaneous expenses. The said Counselling Cell Settlement Deed dated 04.09.2024 outlining 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 Counselling Cell Settlement Deed dated 04.09.2024 has been entered into between the parties and that in full and final settlement of all her claims including maintenance (past, present and future), stridhan, dowry, articles, jewellery, permanent alimony etc., she has received the entire settlement amount of Rs. 10,50,000/- from the petitioner no. 1. The respondent no. 2 also confirms that the marriage has been dissolved vide the decree dated 28.01.2025 and that no litigation stand pending between the parties. Furthermore, 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 Counselling Cell Settlement Deed dated 04.09.2024, the subject FIR bearing NO. 0341/2022 dated 02.06.2022 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Mayur Vihar Ph-1, and all consequential proceedings emanating therefrom, are hereby quashed.

15. The present petition along with pending application is, accordingly, disposed of, in the aforesaid terms.