Raman Chawla And Ors vs State Nct Of Delhi And Anr
2025 Latest Caselaw 697 Del

Delhi High Court

Raman Chawla And Ors vs State Nct Of Delhi And Anr on 8 July, 2025

                          $~49
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                          Date of decision: 08.07.2025
                          ,,,,,,,,,,




                          +            CRL.M.C. 3065/2025 & CRL.M.A. 13600/2025 EXEMPTION

                                       RAMAN CHAWLA AND ORS                      .....Petitioners
                                                        Through: Mr. Arnav Vats, Adv. along with
                                                                  P-1 & 5 in Person and P-2, 3 &
                                                                  4 through VC.
                                                        versus

                                       STATE NCT OF DELHI AND ANR             .....Respondents
                                                     Through: Ms. Shubhi Gupta, APP for the
                                                              State ASI Sunil Dutt, PS
                                                              Prashant Vihar.
                                                              Mr. Himanshu Kaushik, Adv.
                                                              for R-2 along with R-2 in
                                                              person.
                          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. 0613/2021, dated 20.10.2021, registered at P.S Prashant Vihar under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. The marriage between PetitionerNo.1 and Respondent No.2 was solemnized on 28.07.2017 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 09.11.2018. Thereafter, Respondent No.2 lodged the aforesaid FIR against PetitionerNo.1 and his family members. The charge sheet was filed.

3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 26.09.2024. 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 on 16.01.2025, 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.6,50,000/- (Rupees six lacs fifty thousand) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 26.09.2024has been placed on record as Annexure P-2.

4. Petitioner nos. 1 & 5 and Respondent no. 2 are physically - present before the Court while petitioner nos. 2, 3, & 4 have entered their appearance through VC. They have been identified by their

respective counsels as well as by the Investigating Officer SI Sunil Dutt from PS Prashant Vihar.

5. 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. 6,50,000/- (Rupees six lacs fifty thousand)from the PetitionerNo.1 as per the schedule mentioned in the Settlement Deed. She further submits that she has no objection if the FIR No. 0613/2021is 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. 0613/2021alongwith 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. 0613/2021, dated 20.10.2021, registered at P.S Prashant Vihar 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 the FIR No. 0613/2021, dated 20.10.2021, registered at P.S Prashant Vihar under sections 498A/406/34 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 JULY 08, 2025 AK