Manu Yadav & Ors. v. State of NCT of Delhi

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

3. By way of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of the FIR No. 130/2023 dated 15.03.2023 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Kishan Garh ("subject FIR") and all consequential proceedings emanating therefrom.

4. The learned counsel for the petitioner submits that the petitioner no. 1 is the husband of respondent no. 2 and their marriage was solemnized on 23.02.2012, in accordance with the Hindu rites and customs, and two baby girls were born out of the said wedlock on 24.07.2014 and 08.01.2016, respectively. He submits that due to irreconcilable and temperamental differences, the marriage of the petitioner no. 1 and respondent no. 2 suffered an irretrievable breakdown. The incompatible behaviour of the parties, conduct and temperamental differences, coupled with increasing harassment and raising demands of dowry led to the registration of the subject FIR and filing of litigation by the respondent no. 2.

5. He further submits that during the pendency of the litigation, the parties, with the intervention of the family members, relatives, and mutual acquaintances, have arrived at an amicable and voluntary resolution of their disputes and that no further dispute subsists in relation thereto. Furthermore, the divorce by way of mutual consent has also taken place between the parties vide the divorce decree dated 08.05.2025 passed by the learned Judge, Family Courts, Patiala House Courts, New Delhi.

6. 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 (“MoU”)/Settlement dated 15.11.2024 had been duly executed between the parties. In furtherance of thereof, the parties have agreed that the daughters shall remain in the joint custody of petitioner no. 1 and respondent no. 2. The petitioner no. 1 shall bear all expenses related to the marriage and higher education of both the daughters. It has also been agreed that petitioner no. 1 shall continue to contribute towards the Mediclaim Policy for an assured sum of ₹15,00,000/- covering respondent no. 2 and both daughters. Additionally, he shall commence a monthly investment of ₹5,000/- in a Systematic Investment Plan (SIP) and create a Fixed Deposit of ₹2,50,000/- each, in the name of both daughters as an emergency fund. The respondent no. 2 shall have the right to visit the daughters and take them with her during festivities, celebrations, and similar occasions. Furthermore, the respondent no. 2 has voluntarily relinquished all her claims arising from the present marriage, including claims for permanent alimony, maintenance (past, present, and future), and any other miscellaneous expenses. The said MoU/Settlement Deed outlining the terms of settlement has been placed on record.

7. Pursuant to this settlement, the parties appeared before this Court, wherein, the Investigating Officer has duly identified the parties and has confirmed that they are abiding by the terms of the Settlement.

8. The complainant/respondent no. 2, who is present before this Court, upon being queried, confirms that the MoU/Settlement dated 15.11.2024 has been entered into by the parties out of their own volition, uninfluenced by any coercion, compulsion or undue inducement. She further states that in terms of the MoU/Settlement, she has given up all her claims towards maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc. The respondent no. 2 also confirms that the marriage has been dissolved vide the divorce decree dated 08.05.2025. She further states that as per the settlement, the Fixed Deposit of Rs. 2,50,000/- each, in the name of both the daughters has been created by the petitioner no. 1. Furthermore, she has no objection to the quashing of the subject FIR, and all consequential proceedings arising therefrom are quashed.

9. In view of the foregoing, the learned counsel appearing on behalf of the parties, jointly prayed for quashing of the subject FIR.

10. The learned APP, appearing on behalf of the state, submits that the State has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

11. In view of these circumstances, and having regard to the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 and also in 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 sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the MoU between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties. Accordingly, in the interest of justice, the subject FIR and all proceedings emanating therefrom deserve to be quashed.

12. In conspectus of the above facts and the MoU/Settlement Deed dated 15.11.2024, the subject FIR bearing No. 130/2023 dated 15.03.2023 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Kishan Garh and all consequential proceedings emanating therefrom, are hereby quashed.

13. Accordingly, the petition, along with the pending applications, stands disposed of.