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HIGH COURT OF DELHI
Date of Decision: 07.07.2025 ,,,,,,,,,, W.P.(CRL)2032/2025
GULSHAN KUMAR BATRA & ORS. .....Petitioners
Through: Mr. Neeraj Rana, Advocate.
All petitioners are physically present.
Through: Mr. Sanjay Lao, Standing Counsel
State.
Mr. Sachin Kaushik, Advocate for R-2.
R-2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a writ petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing ofFIR No. 0034/2020, dated 28.01.2020, registered at P.S Seelampur 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.2was solemnized on29.04.2016 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 10.04.2018. Thereafter, Respondent No.2filed the following cases against the petitioners: i. FIR No. 0034/2020, dated 28.01.2020, registered at P.S Seelampur under sections 498A/406/34 IPC ii. Petition under section 12 DV Act iii. Execution petition bearing Ex. No. 214/23 iv. Petition under section 125 Cr.P.C. bearing Mt. no. 218/18
3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 19.07.2024. 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, Karkardooma Courts allowed the mutual divorce petition on 14.02.2025, thereby dissolving the marriage between the Petitioner No.1 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 It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.7,70,000/- (Rupees seven lacs seventy thousand) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 19.07.2024has been placed on record as Annexure B.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer from PS Seelampur.
5. Respondent No.2 confirms that the matter has been settled with the petitionerswithout any force, fear, coercion and she has received the payment of the entire settlement amount of Rs. 7,70,000/- (Rupees seven lacs seventy thousand)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. 0034/2020is quashed against the Petitioner No.1.
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. 0034/2020is 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:-
affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
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. 0034/2020, dated 28.01.2020, registered at P.S Seelampur 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. 0034/2020, dated 28.01.2020, registered at P.S Seelampur 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 07, 2025