Pawan Kumar & Ors. v. State of NCT of Delhi & Anr.

1. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners seeking to quash the FIR No. 12/2024 dated 11.01.2024 for offences under Sections 498A/ 406/34 of the Indian Penal Code, 1860, registered at Police Station Chhawala, Delhi (“subject FIR”) and all other proceedings emanating therefrom.

2. The learned counsel for petitioners submits that petitioner No.1 is the ex-husband of the respondent No.2 and their marriage was solemnized on 08.02.2023 at New Delhi, as per the Hindu rites and ceremonies and no child has been born out of the said wedlock. The petitioner no.2, petitioner No.3 and petitioner No.4 are mother-in-law, sister-in-law and brother-in-law, respectively of the respondent no. 2.

3. The learned counsel submits that due to the irreconcilable and temperamental differences, the marriage of the petitioner no.1 and the respondent no. 2 has suffered an irretrievable breakdown and the parties have been stated to be living separately since 04.03.2023. The matrimonial disputes, 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.

4. Thereafter, during the pendency of litigation, the parties were referred to the Counselling Cell, Dwarka Courts, New Delhi, wherein, they have entered into an amicable settlement vide the Settlement Agreement dated 23.11.2024 and have settled all the disputes persisting between them. Subsequent thereto, the marriage of the parties was dissolved by way of mutual consent vide decree dated 06.03.2025 passed by learned Judge, Family Court -01, Dwarka Courts, Delhi.

5. 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 23.11.2024 has been duly executed between the petitioners and the respondent No. 2. 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.

6. As per the terms of the Settlement, the petitioner no.1 has agreed to pay a total sum of Rs. 3,00,000/- to the respondent no. 2, as a full and final settlement of all her claims including maintenance (past, present and future), stridhan, permanent alimony, in three (03) instalments. The said Settlement Deed dated 23.11.2024 embodying the terms of settlement has been placed on record.

7. 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 that she has no objection if the subject FIR and all the proceedings emanating therefrom are quashed.

8. 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.

9. The complainant/respondent no. 2, who is present before this Court, upon being queried, confirms that the Settlement 23.11.2024 has been entered into between the parties and that in full and final settlement of all her claims including maintenance (past, present and future), stridhan, dowry, articles, jewellery, permanent alimony etc. she has received entire settlement amount of Rs. 3,00,000/- from petitioner No. 1 in three instalments, in compliance of the terms of the said Settlement. The respondent no. 2 also confirms that the marriage has been dissolved vide the decree dated 06.03.2025 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.

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

11. The learned APP, appearing on behalf of the State, submits that there is no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

12. 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.

13. In conspectus of the above facts and the Settlement Deed 23.11.2024, the subject FIR bearing No. 12/2024 dated 11.01.2024 for offences under Sections 498A/ 406/34 of the Indian Penal Code, 1860, registered at Police Station Chhawala, Delhi Delhi and all consequential proceedings emanating therefrom, are hereby quashed.

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