Pramod Bind & Ors. v. The State Govt of NCT of Delhi

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0594/2021, dated 07.09.2021, registered at P.S Khajuri Khas under sections 498A/406/34 IPC and section 4 of the Dowry Prohibition Act, 1961 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 18.02.2018 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 lived separately since 13.01.2019. Thereafter, Respondent No.2 filed a complaint case under section 12 of the 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 the Hindu Marriage Act, 1955 for restitution of conjugal rights.

3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 26.04.2024. 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-02, North-East, Karkardooma Courts, Delhi on 07.08.2024 allowed the first motion of mutual divorce petition. The copy of the first motion of mutual divorce petition is annexed as Annexure P-4. It is submitted that vide order dated 02.05.2025, the second motion of mutual divorce petition was allowed, 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 It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn and all conditions of the Settlement Deed including the payment of Rs. 6,00,000/- (Rupees Six Lacs) to the Respondent No.2 have been fulfilled as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 26.04.2024 has been placed on record as Annexure P-5.

4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “08.05.2025

1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 594/2021 Under Sections 498A /406/34 IPC & SEC-4 OF Dowry Prohibition Act 1961 registered at P.S. Khajuri Khas on the basis of settlement arrived at between the parties.

2. As per the submissions, the matter between the petitioners and R-2 has been amicably settled. P-2 to 4 are appearing through virtual mode and stated that matter has been amicably settled.

3. Vide separate statement recorded in this behalf, P-1 stated that dispute between petitioners and R-2 has been amicably settled as per the settlement deed dated 26.04.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. They have signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioners has been amicably settled as per the settlement deed dated 26.04.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. The settlement deed has been signed with wish and will.

4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Separate statement of Investigating Officer has also been recorded.

5. The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them.

6. Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon'ble Court.

7. The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure.

8. In view of the above, matter be placed before the Hon'ble Court on 21.05.2025.

5. Petitioner No. 1 and respondent No. 2 along with respective counsels are physically present before the Court while petitioners NO. 2 to 4 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Sukhpal and SI Sachin, from PS Khajuri Khas.

6. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and she has received the entire payment of Rs. 6,00,000/- (Rupees Six Lacs) from the Petitioner No.1. She further submits that she has no objection if the FIR No. 0594/2021 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. 0594/2021 is quashed.