Delhi High Court
Vivek Kumar & Anr. vs State Govt. Of Nct Of Delhi And Anr. on 22 April, 2025
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.04.2025
+ CRL.M.C. 9341/2024
VIVEK KUMAR & ANR. .....Petitioners
Through: Mr. Ashish Sharma, Adv.
Petitioners in person.
versus
STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents
Through: Ms. Priyanka Dalal, APP for
the State with SI Pretam, ASI
Sunita, P.S.Mohan Garden.
Mr. Vineet Mudgal and Ms.
Sheepali Parial, Adv. for the
complainant with complainant
in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 35824/2024 EXEMPTION
Allowed, subject to all just exceptions.
The application stands disposed of.
1. This is a petition under Section 528 of the Bhartiya Nagrik
Suraksha Sanhita, 2023 seeking quashing of FIR No. 0018/2023, dated
13.01.2023, registered at P.S Mohan Garden under sections
498/406/34 IPC and all proceedings emanating therefrom on the basis
of settlement between the parties.
2. The marriage between Petitioner No.1 and Respondent No.2
was solemnized on 27.02.2020 as per Hindu rites and ceremonies. No
child was born out of the said wedlock. It is submitted that due to
temperamental differences, the couple started living separately from
22.07.2022. Thereafter, the Respondent No.2 filed a petition under DV
Act and a complaint which culminated into the aforesaid FIR against
Petitioner No. 1 and his family members.
3. During the pendency of the proceedings, the parties have
amicably settled their disputes/claims vide Settlement Deed dated
11.09.2024. In pursuance of the Settlement, the parties filed a fresh
petition for divorce by mutual consent under section 13B of the Hindu
Marriage Act, 1955 which was allowed by the Court of the Ld. Family
Court, Dwarka Courts, Delhi on 28.10.2024 thereby dissolving the
marriage between the Petitioner No.1 and Respondent No.2. It is
submitted that all conditions of the Settlement Deed have been
fulfilled including the payment of the total settlement amount of Rs.
9,00,000/- and Rs, 1,00,000/- additionally as the amount against the
articles of the Respondent No.2 as per the schedule mentioned in the
Settlement Deed dated 11.09.2024. The copy of Deed dated
11.09.2024 has been placed on record as Annexure P-4.
4. The Petitioners and the Respondent No.2 are physically present
before the Court and they have been identified by their respective
counsels as well as by the Investigating Officer ASI Sunita from P.S.
Mohan Garden.
5. Respondent No.2 submits that the matter has been settled with
the petitioners without any force, fear, coercion and she has received
the payment of the entire settlement amount of Rs. 9,00,000/- and Rs,
1,00,000/- additionally as the amount against the articles of the
Respondent No.2 as mentioned in the Settlement Deed dated
11.09.2024. She further submits that she has no objection if the FIR
No. 0018/2023 is quashed against the petitioners.
6. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 0018/2023 is quashed.
7. 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:-
"61. In other words, the High Court must consider whether it would
be unfair or contrary to the interest of justice to continue with the
criminal proceedings or continuation of criminal proceedings
would tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put
to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceedings."
8. 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. 0018/2023, dated 13.01.2023,
registered at P.S Mohan Garden under sections 498/406/34 IPC and all
the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
0018/2023, dated 13.01.2023, registered at P.S Mohan Garden under
sections 498/406/34 IPC and all the other consequential proceeding
emanating therefrom are hereby quashed.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
APRIL 22, 2025/ib/ak
