Delhi High Court
Shri Samarth Vig & Ors vs The State Govt Of Nct Of Delhi & Anr on 29 April, 2025
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 29.04.2025
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+ CRL.M.C. 2272/2025
SAMARTH VIG & ORS. .....Petitioners
Through: Mr. Ankur Aggarwal and Mr.
Nitin Sharma, Advs.
Petitioner no.5 in person.
Petitioner nos.1-4 through VC.
versus
THE STATE (GOVT OF NCT OF DELHI) & ANR.
... Respondents
Through: Mr. Satender Singh Bawa, APP
with SI Naseer Abbas, PS-
Laxmi Nagar.
Mr. AK Dubey and Mr. Rohit
Chaudhary, Adv. for R2.
R2 through VC.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking quashing of FIR No. 0447/2024,
dated 16.12.2024, registered at P.S Laxmi 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 No.1 and Respondent No.2
was solemnized on 21.04.2019 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 24.07.2022. Thereafter, Respondent No.2 filed a complaint case
bearing No. 9384/2024 under the DV Act and also lodged the
aforesaid FIR against Petitioner No. 1 and his family members.
3. During the proceedings, the parties were referred to mediation
by the Family Court, Tis Hazari Courts, Delhi where they amicably
resolved their disputes and executed a Compromise/Settlement Deed
dated 01.02.2025. 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,
Tis Hazari Courts allowed the mutual divorce petition vide order dated
03.03.2025, 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complaints and litigations initiated by the parties has been withdrawn
and all conditions of the Settlement have been fulfilled including the
payment of the total settlement amount of Rs. 77,00,000/- (Rupees
seventy seven lacs) as per the schedule mentioned in the Settlement
Deed. The copy of Compromise/Settlement Deed dated 01.02.2025
has been placed on record as Annexure P-2.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"24.04.2025
Mr. Rohit Chaudhary, L.d. Counsel for Respondent no. 2 &
Respondent no. 2 appeared through VC and submits that the
demand draft for a sum of Rs. 17,00,000/- bearing no. 017106,
drawn on HDFC Bank dated 29.03.2029 today handed over to
respondent no. 2 on the lust date of hearing stands duly honoured
and nothing else remains due in this case and Respondent mo. 2 has
no objection if FIR No. 447/2024, Under Section 498-A/406/34
IPC, was registered at PS Laxmi Nagar, Delhi and all proceeding
emanating there from is quashed qua the petitioners.
The statement of respondent no. 2 to ascertain the veracity
und the genuineness of the parties entering into settlement was
recorded on 03.04.2025.
The Settlement deed dated 01.02.2025 entered into between
the parties is on record as Annexure P-2 at page 37 to 41.
As per the Settlement, the respondent no. 2 has now
received the total settlement amount towards her article, stridhan as
well as towards alimony and maintenance part present and future
whatsoever and Respondent no. 2 shall not claim anything in this
regards in future by way of any litigation.
Respondent no. 2 states that she has no objection
whatsoever if FIR no. 447/2024, under Section 498-A/406/34 IPC,
at PS Laxmi Nagar, Delhi against the petitioners is quashed.
Respondent no. 2 has also been granted divorce by Mutual
consent in HMA No. 545/2025 vide decree dated 03.03.2025 which
is on record at page 55.
As per settlement, the custody of minor child namely
Dishana, shall remain with respondent no. 2 without any visitation
rights to the petitioner or any of his family members or relatives.
The settlement amount also included maintenance of the child.
However, the settlement arrived at between the parties is without
prejudice to the tights of minor child.
Respondent no. 2 shall abide by all the terms of the
settlement and fully cooperate in quashing of the present FIR and
withdrawal of any other case it any us per the settlement,
Respondent no. 2 undertakes to fully cooperate in quashing of the
present FIR and withdrawal of all/any other connected case, if any.
Respondent no. 2 has also given her affidavit in support of the
present petition which is at page no. 24-25 of the petition bearing
her signatures;
This pre verified report along with the petition may be
placed before the Hon'ble Court on 29th April, 2025 alongwith the
statements recorded today.
5. Petitioner no.5 is physically present before the Court while
petitioner nos.1-4 and the respondent no.2 have entered their
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer SI Naseer Abbas, PS-
Laxmi 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 payment of the entire settlement amount of Rs. 77,00,000/- from
the Petitioner No.1 as per the schedule mentioned in the
Compromise/Settlement Deed dated 01.02.2025. She further submits
that she has no objection if the FIR No. 0447/2024 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. 0447/2024 alongwith 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:-
"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."
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. 0447/2024, dated 16.12.2024,
registered at P.S Laxmi Nagar under sections 498A/406/34 IPC and all
the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and the FIR No.
0260/2018, dated 19.05.2018, registered at FIR No. 0447/2024, dated
16.12.2024, registered at P.S Laxmi Nagar under sections
498A/406/34 IPC 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
APRIL 29, 2025/ak
