Delhi High Court
Sh. Arpit Tyagi And Ors vs State Of Nct Of Delhi And Anr on 3 July, 2025
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 03.07.2025
,,,,,,,,,,
+ CRL.M.C. 1354/2025
SH. ARPIT TYAGI AND ORS .....Petitioners
Through: Mr. Vimal Dubey, Mr. Bipin
Kumar Sharma, Mr. Abhishek,
Advocates.
Petitioner Nos. 2 and 3 in
person.
Petitioner No. 1 through VC.
versus
STATE OF NCT OF DELHI AND ANR ... Respondents
Through: Mr. Satinder Singh Bawa, APP.
SI Shyam, PS Hari Nagar.
Mr. Rahul Sharma and Mr.
K.B. Rao, Advocates for R-2.
Respondent No. 2 along with
her SPA 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. 0534/2022,
dated 02.11.2022, registered at P.S Hari 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 25.11.2020 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 May 2022. Thereafter, Respondent No.2 filed complaint under
section 12 of DV Act and also lodged the aforesaid FIR against
Petitioner No.1 and his family members. The charge sheet was filed
under sections 498A/406/34 IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement Deed dated 24.10.2024. 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, Dwarka Courts
allowed the mutual divorce petition on 01.02.2025, thereby dissolving
the marriage between the Petitioner 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the parties has been withdrawn and all conditions of the Settlement
Agreement have been fulfilled including the payment of the total
settlement amount of Rs. 1,00,000/- (Rupees one lac rupees) as per the
schedule mentioned in the Settlement Deed. The copy of Settlement
Deed dated 24.10.2024 has been placed on record as Annexure P-3.
4. Petitioner Nos. 2 and 3 are physically present before the Court
while petitioner No. 1 and 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 Shyam, from PS
Hari Nagar.
5. Respondent No.2 confirms that the matter has been settled with
the petitioner without any force, fear, coercion and she has received
the payment of the entire settlement amount of Rs. 1,00,000/- (Rupees
one lac rupees) from the Petitioner No.1 as per the schedule mentioned
in the Settlement Deed. She further submits that she has no objection
if the FIR No. 0534/2022 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. 0534/2022 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Courthas 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. 0534/2022, dated 02.11.2022,
registered at P.S Hari Nagar under sections 498A/406/34 IPC and all
the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR No.
0534/2022, dated 02.11.2022, registered at P.S Hari Nagar under
sections 498A/406/34 IPC 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
JULY 03, 2025
AK
