Vishal and Ors. v. State NCT of Delhi & Anr.

1. The present petition under Article 227 of Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners seeking to quash the FIR NO. 366/2021, under Sections 498A/509/34 of the Indian Penal Code, 1860, registered at Police Station Baba Haridas Nagar, New Delhi (“subject FIR”) and all consequential proceedings arising therefrom.

2. The learned counsel for the petitioners submits that the petitioner No. 1 is the husband of respondent No. 2 and their marriage was solemnized on 01.03.2003, as per the Hindu rites and ceremonies. The petitioners No. 2 & 3 are the brothers-in-law (devar); petitioner No.4 is the sister-in-law (nand) and petitioner No.5 is the sister-in-law (devrani) of respondent No.2. However, the temperamental differences between the petitioner No.1 and respondent no. 2, coupled with raising demands of dowry and increasing harassment, led to the registration of the subject FIR and filing of litigations by the respondent no. 2.

3. The learned Counsel submits that during the pendency of the litigation, upon request, the parties were referred to Delhi Mediation Centre, Dwarka Courts, New Delhi, where disputes between the parties was amicably settled. It is submitted that now the parties are happily and peacefully cohabiting together as husband and wife in their matrimonial house along with their children.

4. The present petition is premised on the 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 Mediation Settlement Deed dated 04.06.2024 has been duly executed between the petitioners and the respondent NO. 2 before the Delhi High Court Mediation and Conciliation Centre (SAMADHAN). It is further submitted that, in terms of the said Mediation Settlement Deed, respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora.

5. As per the terms of the settlement, the petitioner no. 1 has agreed to pay a sum of Rs. 25,000/- to the respondent no. 2 on monthly basis. The said Settlement Deed dated 04.06.2024 embodying the terms of settlement has been placed on record.

6. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 26.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed.

7. Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.

8. The respondent no. 2, who is present in court, upon being queried, confirms that she entered into the Settlement Deed dated 04.06.2024 out of her free will, without any coercion, force or undue influence and that as per settlement petitioner No.1 is regularly paying Rs.25,000/- per month as maintenance to her and is also bearing all the household expenses, as agreed between the parties. She submits that no dispute persist with the petitioners and there is no litigation pending between the parties. Furthermore, she has no objection if the subject FIR is quashed.

9. In view of the foregoing, the learned counsel for the parties, jointly pray for quashing of the subject FIR.

10. The learned APP on behalf of the state submits that there is no objection if the subject FIR is 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 11.12.2024, the subject FIR bearing No. FIR No. 366/2021, under Sections 498A/509/34, registered at Police Station Baba Haridas Nagar, New Delhi and all consequential proceedings emanating therefrom, are hereby quashed.

13. The present petition and pending application are, accordingly, disposed of, in the aforesaid terms.