Delhi High Court
Amit Goyal & Ors vs State Govt Of Nct Of Delhi & Anr on 23 May, 2025
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.05.2025
+ CRL.M.C. 2430/2025 & CRL.M.A. 10877/2025 EXEMPTION
FROM FILING CERTIFIED COPIES
AMIT GOYAL & ORS. .....Petitioners
Through: Ms. Nirja &Ms. Avantika
Bharadwaj, Advs. for P-1 to 8 along
with petitioners in person
versus
STATE GOVT OF NCT OF DELHI & ANR. .... Respondents
Through: Mr. Hitesh Vali, APP for the State
with SI Savita Solanki, PS Punjabi
Bagh
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. 0169/2024, dated
23.03.2024, registered at P.S Punjabi Bagh 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 31.10.2017 as per Hindu rites and ceremonies at Delhi. A
boy namely Parv was born on 11.11.2020 out of the said wedlock. It is
submitted that due to temperamental differences, the couple started living
separately since 10.02.2022. Thereafter, Respondent No.2 lodged the
aforesaid FIR against Petitioners.
3. During the proceedings, the parties amicably resolved their disputes
in the Counseling Cell, Family Court, Tis Hazari Courts, Delhi and
executed a Settlement Deed dated 29.07.2024. 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, West, Tis Hazari Courts, Delhi allowed the mutual
divorce petition on 22.01.2025, 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 have been
withdrawn and all conditions of the Settlement Agreement including
payment of Rs. 7,00,000/- (Rupees Seven Lacs) along with Articles to the
Respondent No.2 have been fulfilled by the Petitioner No.1 as per the
schedule mentioned in the Settlement Deed. The custody of the minor child
Parv will remain with the Respondent No.2 and no visitation rights will be
granted to the Petitioner No.1. The copy of Settlement Deed dated
29.07.2024 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:-
"16.05.2025
Mr. Jasdeep Singh Anand, ld. Counsel for Respondent no. 2 (through
VC) and Respondent no. 2 appeared in person and submits that the
demand draft for a sum of Rs. 2,00,000/- bearing no. 636580, drawn on
Indian Bank, dated 08.04.2025 stands duly honoured and nothing else
remains due in this case and Respondent no. 2 has no objection if FIR
No. 0169/2024 under Section 498-A/406/34 IPC registered at PS Punjabi
Bagh, Delhi and all proceeding emanating there from is quashed qua the
petitioners.
The statement of Respondent no. 2 to ascertain the veracity and the
genuineness of the parties entering into settlement was recorded on
08.04.2025.
Let the pre-verified statement along with this order be placed before the
Hon'ble Court on 23rd May, 2025.
5. Petitioner nos. 1 to 8 and Respondent no. 2 are physically present
before the Court with respective counsels. They have been identified by
their respective counsels as well as by the Investigating Officer SI Savita
Solanki from PS Punjabi Bagh.
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
payment of Rs. 7,00,000/- (Rupees Seven Lacs) and the Articles from the
Petitioner No.1 as per the schedule mentioned in the Settlement Deed
dated 29.07.2024. She further submits that she has no objection if the FIR
No. 0169/2024 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.
0169/2024 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. 0169/2024, dated 23.03.2024, registered at P.S
Punjabi Bagh under sections 498A/406/34 IPC and all the other
consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR No.
0169/2024, dated 23.03.2024, registered at P.S Punjabi Bagh under
sections 498A/406/34 IPC 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 23, 2025/AK
