Delhi High Court
Nikhil Thukral & Anr vs State Of Nct Of Delhi & Ors on 29 April, 2025
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 29.04.2025.
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+ CRL.M.C. 9517/2024 & CRL.M.A. 12863/2025 FOR
IMPLEADMENT
NIKHIL THUKRAL & ANR. .....Petitioner
Through: Mr. Rajesh Gupta and Mr.
Harpreet Singh, Advocates with
All three petitioners in person.
versus
STATE OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Aman Usman, APP with SI
Monika Rawat, PS-Ashok
Vihar.
Mr. Gaurav Sehgal, Advocate
for R-2 and 3.
Both the complainants are
present.
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. 0207/2024,
dated 07.06.2024, registered at P.S Ashok Vihar under sections
323/354/506/509 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 20.07.2015 as per Hindu rites and ceremonies at
Delhi. A daughter named Renee was born on 09.09.2018 out of the
said wedlock. It is submitted that due to temperamental differences,
the couple started living separately since July 2022. Thereafter,
Respondent No.2 filed complaint case under DV Act bearing No.
975/2024, a guardianship petition bearing GP NO. 65/2024 and also
lodged the aforesaid FIR against Petitioner No. 1 and his family
members.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Memorandum of Settlement dated
26.11.2024. 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, Rohini
Courts allowed the mutual divorce petition vide order dated
19.04.2025, 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complaints and litigations initiated by the parties has been withdrawn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 Memorandum of Settlement have been
fulfilled. The copy of Memorandum of Settlement dated 26.11.2024
has been placed on record as Annexure P-2.
4. The petitioners and respondents nos. 2 and 3 are physically
present before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer SI Monika Rawat
from PS Ashok Vihar.
5. Respondent No.2 submits that the matter has been settled with
the petitioners without any force, fear, coercion and has no objection if
the FIR No. 0207/2024 alongwith charge sheet 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. 0207/2024 alongwith charge sheet 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. 0207/2024, dated 07.06.2024,
registered at P.S Ashok Vihar under sections 323/354/506/509 IPC
alongwith charge sheet and all the other consequential proceeding
emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
0207/2024, dated 07.06.2024, registered at P.S Ashok Vihar under
sections 323/354/506/509 IPC alongwith charge sheet and all the other
consequential proceeding emanating therefrom is hereby quashed.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
APRIL 29, 2025/ak
