Aman and Others v. State NCT of Delhi and Anr.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0901/2021, dated 30.10.2021, registered at P.S Khyala 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 on 28.02.2019 as per Hindu rites and ceremonies at Delhi. It is submitted that due to temperamental differences, the couple started living separately since September, 2019. Thereafter, Respondent No.2 filed lodged the aforesaid FIR against Petitioner NO. 1 and his family members. The charge sheet has been filed under sections 498A/406/34 IPC.

3. During the proceedings, the parties amicably resolved their disputes and executed a MoU/Settlement Deed dated 25.02.2025. 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 08.05.2025, 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 It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 5,50,000/- (Rupees five lacs fifty thousand) as per the schedule mentioned in the Settlement Deed. The copy of MoU/Settlement Deed dated 25.02.2025 has been placed on record as Annexure C.

4. The matter was placed before the Joint Registrar, who has recorded the statements of the Respondent no.2 and passed the following orders:- “28.05.2025 Today, statement of respondent no. 2 has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no. 2 has been identified by her learned counsel. Let the pre-verified statement along with this order be placed before the Hon'ble Court on 7th July, 2025.

5. Petitioner Nos. 1 to 3 and 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 Naresh Kumar and SI Rajpal, from PS Khyala.

6. 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. 5,50,000/- (Rupees five lacs fifty 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. 0901/2021 is quashed against the petitioners.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0901/2021 alongwith charge sheet is quashed.

8. 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."

9. 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. 0901/2021, dated 30.10.2021, registered at P.S Khyala under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

10. In the interest of justice, the petition is allowed, and the FIR NO. 0901/2021, dated 30.10.2021, registered at P.S Khyala under sections 498A/406/34 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.

11. Petition is allowed and disposed of accordingly.

12. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J JULY 07, 2025