Full Text
HIGH COURT OF DELHI
Date of Decision: 30.05.2025 ,,,,,,,,,, CRL.M.C. 2434/2025 & CRL.M.A. 10884/2025
HARI KISHAN .....Petitioners
Through: Mr. Ranjit Singh Daler, Advocate along
Through: Mr. Hitesh Vali, APP for the State
Mr. Praveen Kumar, Adv. for R2 along
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0451/2014, dated 10.07.2014, registered at P.S Ambedkar Nagar under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. The marriage between Petitioner and Respondent No.2 was solemnized on 04.11.2003 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 started living separately since 05.05.2012. Thereafter, Respondent No.2 lodged the aforesaid FIR against the petitioner. The charge sheet was filed under sections 498A/406/174A/34 IPC.
3. During the proceedings, the parties have amicably resolved their disputes and executed a Compromise/Settlement Deed dated 03.10.2023. 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, Saket Courts allowed the mutual divorce petition on 20.09.2024, 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 It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn and all conditions of the Settlement Agreement including the payment of the total settlement amount of Rs. 3,50,000/- (Rupees three lacs fifty thousand) to the Respondent No.2 have been fulfilled as per the schedule mentioned in the Settlement Deed. The copy of Compromise/Settlement Deed dated 03.10.2023 has been placed on record as Annexure P-7.
4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “19.05.2025 Mr. Parveen Kumar, Ld. Counsel for Respondent no. 2 through VC & Respondent no. 2 appeared in person and submits that the demand draft for a sum of Rs. 1,50,000/- bearing no. 875418, drawn on State Bank of India, dated 27.03.2025 handed over to Respondent no. 2 on the last date of hearing stands duly honoured and nothing else remains due in this case and Respondent no. 2 has no objection if FIR No. 451/2014, Under Section 498-A/406/34 IPC, registered at PS Ambedkar Nagar, Delhi, and all proceeding emanating there from is quashed qua the petitioners. The statement of Respondent no. 2 to ascertain the veracity and the genuineness of the parties entering into settlement was recorded on 08.04.2025. Let the pre-verified statement along with this order be placed before the Hon’ble Court on 30th May, 2025.
5. Petitioner and Respondent no.2 are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Sandeep Kumar from PS Ambedkar Nagar.
6. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and she has received the total settlement amount of Rs. 3,50,000/- (Rupees three lacs fifty thousand) from the Petitioner as per the schedule mentioned in the Compromise/Settlement Deed dated 03.10.2023. She further submits that she has no objection if the FIR No. 0451/2014 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. 0451/2014 along with charge sheet is quashed.
8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
9. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0451/2014, dated 10.07.2014, registered at P.S Ambedkar Nagar under sections 498A/406/34 IPC along with charge sheet and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO. 0451/2014, dated 10.07.2014, registered at P.S Ambedkar Nagar under sections 498A/406/34 IPC along with charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J MAY 30, 2025