Full Text
HIGH COURT OF DELHI
Date of Decision: 11.07.2025 ,,,,,,,,,, CRL.M.C. 1976/2025 & CRL.M.A. 8877/2025EXEMPTION
VISHAWJEET SARKAR & ORS. .....Petitioners
Through: Mr. Rajendra Singh, Adv. along
ANR) … Respondents
Through: Mr. Satinder Singh Bawa, APP for the State
Singh, PS-Shalimar Bagh.
Ms. Aastha Dhankar, Adv. for R2 through VC.
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. 0343/2015, dated 14.03.2015, registered at P.S Shalimar Bagh 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 09.07.2012 as per Hindu rites and ceremonies. It is submitted that due to temperamental differences, the couple started living separately since 12.09.2014. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner No.1 and his family members. It is submitted that the parties are living together again as husband and wife since 2019. A girl child namely Priti Sarkar was born on 21.11.2019 out of the said wedlock.
3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 14.01.2025. It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn. The copy of Settlement Deed dated 14.01.2025 has been placed on record as Annexure P-4.
4. Petitioner no.1 and respondent no.2 are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer.
5. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear or coercion and they have been living together since 2019 without any complaint. The Respondent no.2 further submits that she has no objection if the FIR NO. 0343/2015 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. 0343/2015 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. 0343/2015, dated 14.03.2015, registered at P.S Shalimar Bagh 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 FIR NO. 0343/2015, dated 14.03.2015, registered at P.S Shalimar Bagh 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/ AK