Full Text
HIGH COURT OF DELHI
Date of Decision: 11.07.2025 ,,,,,,,,,, CRL.M.C. 1906/2025
NITESH SINGH & ORS. .....Petitioners
Through: Mr. Prabhat Chaurasia, Mr. Anirudh Jamwal and Mr. Rajpal Singh, Advs.
Through: Mr. Satinder Singh Bawa, APP for the State
Ms. Kiran Singh, Adv. for R2 alongwith R2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0086/2020, dated 17.03.2020, registered at P.S KN Katju Marg under sections 498A/406/34 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 was solemnized on 24.05.2013 as per Hindu rites and ceremonies. A boy namely Advit Pratap Singh was born on 04.01.2015 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 26.06.2016. Thereafter, Respondent No.2 filed the following cases against Petitioner No.1 and his family members: i. FIR No. 0086/2020, dated 17.03.2020, registered at P.S KN Katju Marg under sections 498A/406/34 IPC ii. Complaint case under section 12 read with section 17, 18, 19, 20, 22 and 23 of DV Act iii. Maintenance case under section 125 Cr.P.C. iv. Execution petition bearing Ex. Crl. No. 219/2023 The Petitioner No.1 filed a petition bearing Crl. M.C. no. 595/2024 against the Respondent No.2.
3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 29.05.2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consentunder Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, Rohini Courts allowed the mutual divorce petition on 28.10.2024, thereby dissolving the marriage between the Petitioner and Respondent No.2. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 55,00,000/- (Rupees fifty five lacs) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 29.05.2024 has been placed on record as Annexure P-3.
4. Petitioner no.1 and respondent no.2 are physically present before the Court while petitioner no.2 & 3 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Satender from PS Katju Marg.
5. Respondent No.2 confirms that the matter has been settled with the petitionerswithout any force, fear, coercion and she has received the payment of the entire settlement amount of Rs. 55,00,000/- (Rupees fifty five lacs) from the Petitioner No.1 as per the schedule mentioned in the Settlement Deed. She further submits that she has no objection if the FIR No. 0086/2020 is quashed against the Petitioners.
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. 0086/2020 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas 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. 0086/2020, dated 17.03.2020, registered at P.S KN Katju Marg under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 0086/2020, dated 17.03.2020, registered at P.S KN Katju Marg under sections 498A/406/34 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 11, 2025