Manoj and Ors. v. The State NCT of Delhi and Anr

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. CRL.M.C. 2401/2025

3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 264/2016 dated 25.04.2016 for offences under Sections 498A, 406 and 34 of the Indian Penal Code, 1860, registered at Police Station Sultan Puri (“subject FIR”) and all the consequential proceedings arising therefrom.

4. The learned counsel for the petitioners submits that the respondent no. 2 is wife of the petitioner no. 1 and their marriage was solemnized on 24.05.2002 at Delhi, as per the Hindu rites and ceremonies and that two children have been born out of the said wedlock, namely, Harsh Kumar was born on 16.03.2003 and Dhruv was born on 01.01.2006. He submits that the incompatible behaviour, conduct and temperament of the parties, coupled with the raising demands of dowry and increasing harassment, led to the registration of FIRs and litigations by the parties.

5. The learned counsel further submits that other FIRs were quashed by the Co-ordinate bench of this court as the FIR bearing NO. 692/2015 against the petitioner no. 1, petitioner 2 and petitioner and the FIR bearing No 703/2015 against the respondent no. 2, were quashed vide Order dated 21.09.2022.

6. He further submits that with the intervention of the family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them and petitioners and respondent no.2 are living as husband and wife in same roof.

7. The present petition is premised on the aforesaid 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 Settlement Deed dated 15.06.2020 has been duly executed between the petitioner no. 1 and the respondent No. 2. It is further submitted that, in terms of the said Settlement Deed, respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. The Settlement Deed dated 15.06.2020 outlining the terms of settlement has been placed on record.

8. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 08.04.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in his statement before the Joint Registrar (Judicial), has stated therein, that he has no objection if the subject FIR and all the proceedings emanating therefrom is quashed.

9. 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.

10. The complainant/respondent no. 2, who is present-in-person before this Court, upon being queried, confirms that the Settlement Deed dated 15.06.2020 has been entered into between the parties in compliance of the terms of the said Settlement. The respondent no. 2 also confirms that the petitioners and respondent no.2 live together in the same roof 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.

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

12. The learned APP for state submits that there is no objection if the subject FIR is quashed.

13. 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.

14. In conspectus of the above facts and the Settlement Deed dated 15.06.2020, the subject FIR No. 264/2016 dated 25.04.2016 for offences under Sections 498A, 406 and 34 of the Indian Penal Code, 1860, registered at Police Station Sultan Puri and all consequential proceedings emanating therefrom, are hereby quashed.

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