Full Text
HIGH COURT OF DELHI
Date of Decision: 03.07.2025 ,,,,,,,,,, CRL.M.C. 3637/2025
KAMAL JEET .....Petitioner
Through: Mr. Praveen Saroha, Adv. along
Through: Mr. Satinder Singh Bawa, APP for the State
Malik, PS Maurya Enclave.
Mr. Azhar Ali & Ms. Huma, Advs. for R-2 along
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0204/2016, dated 17.03.2016, registered at P.S Jahangir Puri under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. The marriage between Petitioner and Respondent No.2was solemnized on 02.05.2014 as per Hindu rites and ceremonies at Delhi. One boy namely Aditya Nath was born on 06.04.2015 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 19.08.2015. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner and his family members.The charge sheet was filed under sections 498A/406/34 IPC.
3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 11.11.2024. 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 03.04.2018, 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 It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.2,75,000/- (Rupees two lacs seventy five thousand) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 11.11.2024 has been placed on record as Annexure C.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Deepak, from PS Jahangir Puri.
5. Respondent No.2 confirms that the matter has been settled with the petitioner without any force, fear, coercion and she has received demand draft dated 22.05.2025 bearing no. 051771 drawn at SBI, Rohini Branch in the sum of Rs. 2,75,000/- (Rupees two lacs seventy five thousand) towards full and final settlement of all dues from the Petitioner as per the Settlement Deed. She further submits that she has no objection if the FIR No. 0204/2016 alongwith charge sheet is quashed against the petitioner.
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. 0204/2016 alongwith charge sheet 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. 0204/2016, dated 17.03.2016, registered at P.S Jahangir Puri 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. 0204/2016, dated 17.03.2016, registered at P.S Jahangir Puri under sections 498A/406/34 IPC along with the charge sheet 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 03, 2025