Rahul Sharma v. The State (Govt of NCT Delhi) and Anr.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. W.P.(CRL) 2033/2025, CRL.M.A. 18999/2025

3. The present petition has been filed by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 99/2023 dated 04.12.2023 for the offences punishable under Sections 498A and 34 of the Indian Penal Code, 1860, registered at Police Station Crime (Women) Cell Nanak Pura, Delhi (“subject FIR”) and all the consequential proceedings arising therefrom.

4. The learned counsel for the petitioners submits that the respondent no. 2 is wife of the petitioner and their marriage was solemnized on 25.10.2020, as per the Hindu rites and ceremonies and that one child boy, namely, Abbir was born out of the said wedlock on 02.10.2021. He submits that the due to some misunderstanding, an unrest arose between the parties and the same resulted in a marital discord, after which the respondent no.2/ complainant came to her parental home. The temperamental issues, coupled with demand of dowry and increasing harassment, led to the registration of FIR and filing of litigation by the parties.

5. He further submits that with the intervention of the family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them and no further dispute subsist between them. Furthermore, the petitioner and respondent no.2 are living as husband and wife under the same roof since January 2024.

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 Settlement Deed dated 04.06.2025 has been duly executed between the petitioner and the respondent No. 2. It is further submitted that, in terms of the said Settlement Deed, the respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. The Settlement Deed dated 04.06.2025 outlining the terms of settlement has been placed on record.

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

8. The complainant/respondent no. 2, who is present-in-person before this Court, upon being queried, confirms that the Settlement Deed dated 04.06.2025 has been entered, between the parties, out of their own volition and without any coercion or undue influence. The respondent no. 2 also confirms that the petitioner and respondent no.2 live together in the same roof along with their child and no litigation stand pending between the parties. Furthermore, she has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

9. In view of the foregoing, the learned counsels of the parties, jointly prayed, for quashing of the subject FIR.

10. The learned APP for state submits that there is no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

11. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement 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.

12. In conspectus of the above facts and the Settlement Deed dated 04.06.2025, the subject FIR bearing No. 99/2023 dated 04.12.2023 for the offences punishable under Sections 498A and 34 of the Indian Penal Code, 1860, registered at Police Station Crime (Women) Cell Nanak Pura, Delhi and all consequential proceedings emanating therefrom, are hereby quashed.

13. The present petition is, accordingly, disposed of, in the aforesaid terms.