Full Text
HIGH COURT OF DELHI
Date of Decision: 03.07.2025 ,,,,,,,,,, CRL.M.C. 755/2025
SH. SACHIN TOMAR .....Petitioners
Through: Mr. Parul Verma, Advocate.
Petitioner Nos. 1 and 3 in person.
AND OTHERS … Respondents
Through: Mr. Satinder Singh Bawa, APP.
SI Sachin Panwar, PS-Fatehpur Beri, SI Devender, PS-Sangam
Vihar.
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. 0269/2021, dated 05.06.2021, registered at P.S Fatehpur Beri 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 08.02.2018 as per Hindu rites and ceremonies at Delhi. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 06.10.2019. Thereafter, Respondent No.2 filed complaint under section 12, 18, 19, 20 and 22 of DV Act and also lodged the aforesaid FIR against Petitioner No.1 and his family members. The Petitioner No.1 filed a petition under section 9 of Hindu Marriage Act bearing HMA no. 2440/2019.
3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 22.02.2024. 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, Saket Courts allowed the mutual divorce petition on 22.04.2024, 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 It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 4,12,500/- (Rupees four lacs twelve thousand five hundred rupees) and return of gold and silver ornaments as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 22.02.2024 has been placed on record as Annexure P-2.
4. Petitioner Nos. 1 and 3 as also respondent No. 2 are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Sachin Panwar, from PS Fatehpur Beri and SI Devender from PS Sangam Vihar.
5. Respondent No.2 confirms that the matter has been settled with the petitionerwithout any force, fear, coercion and she has received the payment of the entire settlement amount of Rs. 4,12,500/- (Rupees four lacs twelve thousand five hundred rupees) as also her gold and silver ornaments 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. 0269/2021 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. 0269/2021 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. 0269/2021, dated 05.06.2021, registered at P.S Fatehpur Beri 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. 0269/2021, dated 05.06.2021, registered at P.S Fatehpur Beri 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 03, 2025