Sh. Varun Kumar and Ors. v. State NCT of Delhi and 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. 665/2024 dated 12.09.2024 for offences under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at Police Station Nangloi, 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 18.12.2020 at 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. 7 are father-in-law, mother-in-law and sister-in-law and petitioner no. 4,[5] & 6 are auntsin-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 23.01.2023. The matrimonial dispute due to temperamental differences, coupled with raising demands of dowry and increasing harassment, led to the registration of the subject FIR and filing of the litigations by the respondent no. 2.

4. The learned counsel submits that with the intervention of the elders/family members, the parties arrived at an amicable and voluntary resolution of their disputes vide Settlement dated 15.04.2025, in terms thereof petitioner No.1 agreed to pay settlement amount of Rs.16,50,000/- to respondent No.2 towards full and final settlement in respect of stridhan, permanent alimony, maintenance and other miscellaneous expenses in three instalments. Moreover, the respondent no. 2 has undertaken to withdraw the litigations filed by her before various judicial fora. The said settlement deed dated 15.04.2025 embodying the terms of settlement has been placed on record.

5. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 21.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The third and final instalment in the sum of Rs.4,25,000/- stood paid by petitioner No.1 by way of demand draft to respondent No.2. 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.

6. 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.

7. The complainant/respondent no. 2, who is present-in-person via video-conferencing before this Court, upon being queried, confirms that the Settlement dated 15.04.2025 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. 16,50,000/- 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 15.05.2025 and no litigation stands pending between the parties and that no litigation stand pending between the parties. Furthermore, she has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

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

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

10. 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.

11. In conspectus of the above facts and the Settlement Deed 15.04.2025, the subject FIR bearing No. 665/2024 dated 12.09.2024 for offences under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at Police Station Nangloi, Delhi and all consequential proceedings emanating therefrom, are hereby quashed.

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