Sh Rana Mukharjee And Anr vs The State Of Nct Delhi
2025 Latest Caselaw 699 Del

Delhi High Court

Sh Rana Mukharjee And Anr vs The State Of Nct Delhi on 8 July, 2025

                          $~43
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                          Date of decision: 08.07.2025
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                          +            CRL.M.C. 4412/2025
                                       SH. RANA MUKHARJEE & ANR.               .....Petitioners
                                                       Through: Petitioners in person.
                                                     versus
                                       THE STATE OF NCT DELHI             ... Respondents
                                                     Through: Mr. Hitesh Vali, APP.
                                                              SI Ekta, PS-Sector 21, Dwarka,
                                                              SI Sangeeta Malik, PS-
                                                              Bindapur.
                                                              Mr. B.K. Pandey and Ms.
                                                              Pragati Kumari, Advocates for
                                                              R-2.
                                                              Respondent No. 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. 0470/2022, dated 24.06.2022, registered at P.S Binda Pur 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 24.11.2008 as per Hindu rites and ceremonies at

Ghaziabad. A daughter namely Aaditri was born on 10.05.2012 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since July 2021. Thereafter, Respondent No.2 filed the following cases against Petitioner No.1 and his family members:

i. FIR No. 0470/2022, dated 24.06.2022, registered at P.S Binda Pur under sections 498A/406/34 IPC ii. Complaint case under section 12 of DV Act bearing MC no.

iii. Maintenance case bearing Mt. case no. 285/2022

The Petitioner No.1 filed a criminal case bearing MC no. 5051/2022 and a guardianship case bearing GP no. 58/21 against the Respondent No.2. 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 19.09.2024. 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, Dwarka Courts allowed the mutual divorce petition on 02.04.2025, 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. 4,20,000/- (Rupees four lacs twenty thousand) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 19.09.2024 has been placed on record as Annexure P-3.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Ekta, from PS Sector 21 Dwarka and SI Sangeeta Malik, PS-Bindapur.

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. 4,20,000/- (Rupees four lacs twenty thousand) 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. 0470/2022 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. 0470/2022 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. 0470/2022, dated 24.06.2022, registered at P.S Binda Pur 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. 0470/2022, dated 24.06.2022, registered at P.S Binda Pur 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