Full Text
HIGH COURT OF DELHI
Date of Decision: 08.07.2025 ,,,,,,,,,, CRL.M.C. 4391/2025 & CRL.M.A. 19099/2025 (exemption)
RAHUL BISHT & ORS. .....Petitioners
Through: Mr. Atul Tiwari and Mr. Vaibhav Kumar, Advs. along
Through: Mr. Satinder Singh Bawa, APP for the State.
Respondent no.2 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. 0896/2022, dated 01.12.2022, registered at P.S Burari 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 on11.12.2021 as per Hindu rites and ceremonies at Ghaziabad. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 26.05.2022. Thereafter, Respondent No.2 filed the following cases against Petitioner No.1 and his family members: i. FIR No. 0896/2022, dated 01.12.2022, registered at P.S Burari under sections 498A/406/34 IPC ii. Complaint case under section 12 of DV Act bearing Ct. case NO. 1373/2022 iii. Criminal Revision bearing Cr. Rev no. 245/2024 iv. Maintenance case bearing Mt. case no. 285/2022 v. Execution petition bearing Ex. Crl. No. 66/2024
3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 25.01.2025. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, Tis Hazari Courts allowed the mutual divorce petition on 18.03.2025, 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 It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.23,00,000/- (Rupees twenty three lacs) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 25.01.2025 has been placed on record as Annexure P-2.
4. Parties are physically present before the Court. They have been identified by their counsel 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, coercion and she has received the payment of the entire settlement amount of Rs. 23,00,000/- (Rupees twenty three lacs) from the PetitionerNo.1 as per the schedule mentioned in the Settlement Deed. She further submits that she has no objection if the FIR No. 0896/2022 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. 0896/2022 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has 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. 0896/2022, dated 01.12.2022, registered at P.S Burari 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. 0896/2022, dated 01.12.2022, registered at P.S Burari 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 08, 2025