Delhi High Court
Narender Kumar & Ors vs State Nct Of Delhi & Anr on 8 May, 2025
$~108
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 08.05.2025
,,,,,,,,,,
+ CRL.M.C. 2889/2025
SH. NARENDER KUMAR & ORS. .....Petitioners
Through: Mr. Sunil Dahiya, Ms. Neha
Verma and Ms. Arti, Advs.
Petitioners in person.
versus
STATE (NCT OF DELHI) & ANR. ... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Braham
Prakash, P.S.Sultanpuri.
Mr. Abhishek Kumar, Adv. for
R-2 (through vc)
R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 12928/2025 EXEMPTION
Allowed, subject to all just exceptions.
The application stands disposed of.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking quashing of FIR No. 0780/2015,
dated 18.08.2015, registered at P.S Sultanpuri 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 20.11.2011 as per Hindu rites and ceremonies at
Delhi. One female child namely Tanushka was born on 15.01.2015 out
of the said wedlock. It is submitted that due to temperamental
differences, the couple started living separately since 25.06.2014.
Thereafter, Respondent No.2 filed a petition under section 125 Cr.P.C.
bearing MT No. 391/2019 against the Petitioner No.1, two execution
petitions bearing Nos. Ex. 23/2022 and Ex. 24/2022 and also lodged
the aforesaid FIR against Petitioner No. 1 and his family members.
The Petitioner No.1 filed a petition for divorce under section 13(1)(ia)
of the Hindu Marriage Act, 1955.
3. During the proceedings, the parties were referred to mediation
where they amicably resolved their disputes and executed a
Settlement/Agreement dated 15.09.2023. 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, North-West, Rohini Courts, Delhi
allowed the mutual divorce petition on 26.09.2024, 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the parties has been withdrawn and all conditions of the Settlement
including payment of Rs. 5,00,000/- (Rupees Five Lacs) as full and
final settlement have been fulfilled as per the schedule mentioned in
the Settlement/Agreement. The copy of Settlement/Agreement dated
17.02.2023 has been placed on record as Annexure C.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"01.05.2025
Today, videoconferencing is not connected due to some technical
error. Complaint in this regard made to the concerned branch.
Today, statement of respondent no.2 and the petitioner nos. 1, 2, 3
& 4 have been recorded to ascertain the veracity and the
genuineness of the parties entering into settlement.
Respondent no.2 and the petitioner nos. 1, 2, 3 & 4 have been
identified by the learned counsel and the IO.
Let the pre-verified statement along with this order be placed
before the Hon'ble Court on 08th May 2025.
5. Petitioners are physically present before the Court while
respondent no.2 has entered her appearance through VC. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Braham Prakash from PS Sultanpuri.
6. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear, coercion and she has received
the entire settled amount of Rs. 5,00,000/- (Rupees Five Lacs) from
the Petitioner No.1 as per the schedule mentioned in the
Settlement/Agreement dated 17.02.2023. She submits that she has no
objection if the FIR No. 0780/2015 alongwith charge sheet 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. 0780/2015 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. 0780/2015, dated 18.08.2015,
registered at P.S Sultanpuri under sections 498A/406/34 IPC
alongwith charge sheet and all the other consequential proceeding
emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR No.
0780/2015, dated 18.08.2015, registered at P.S Sultanpuri under
sections 498A/406/34 IPC alongwith charge sheet 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
MAY 08, 2025/AK
