Delhi High Court
Rohit Jakhwal & Ors vs The State Of Nct Of Delhi & Anr on 23 May, 2025
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.05.2025
+ CRL.M.C. 3336/2025 & CRL.M.A. 14690/2025 EXEMPTION
FROM FILING CERTIFIED COPIES
ROHIT JAKHWAL AND ORS. ....Petitioners
Through: Mr. Hunny Singh & Mr. Ankit
Parindiyal, Advs. along with
petitioners in person
versus
THE STATE OF NCT OF DELHI AND ANR. ...Respondents
Through: Mr. Hitesh Vali, APP for the State
with SI Prashant Malik, PS Laxmi
Nagar
Mr. Sehdev Rana, Adv. for R-2
along with R-2 in person
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This petition under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 seeks quashing of FIR NO. 431/2019 Under Sections 498-
A/406/34 of the Indian Penal Code registered at P.S. Laxmi Nagar, and all
proceedings arising therefrom pursuant to a settlement between the parties.
2. The marriage between Petitioner No.1 and Respondent No.2was
solemnized on 11.05.2015 as per Hindu rites and ceremonies at Ghaziabad,
UP. One daughter was born out of the said wedlock. It is submitted that
due to temperamental differences, both the parties started living separately
since 07.08.2017. Pursuant to which on 15.12.2019, the aforesaid FIR was
registered against the petitioners.
3. During the pendency of the proceedings, the parties amicably resolved
their disputes vide compromise/MOU dated 11.01.2025. As per the
settlement the petitioner no. 1 agreed to pay a sum of Rs. 34,70,000/- to
respondent no. 2 and her daughter, Maanika as full and final settlement
amount with respect to respondent no. 2 and her daughter which includes all
their claims, maintenance, permanent alimony, rights on movable and
immovable assets, stridhan, articles, etc. It has been submitted that out of the
said amount, Rs. 20,70,000/- has already been paid to respondent no. 2. It is
submitted that the balance amount of Rs. 14 lacs shall be paid in instalments
of Rs. 1 lac every year for the next 14 years in the name of the child for which
respondent no. 2 has provided account details to the petitioner today in Court.
It is further stated that in terms of the settlement, the parties have obtained
divorce by mutual settlement. The MOU/Compromise deed has been placed
on record as Annexure P3.
4. Both the parties were presented before the JR on 13.05.2025, for
recording their statements, which reads as follows;
"13.05.2025
1. The present non contentious petition has been filed by the petitioners under
Section 528 of the Bhartiya Nagarik Suraksha Sanita, 2023 for quashing of the
FIR NO. 431/2019 Under Sections498-A/406/34 of the Indian Penal Code
registered at P.S. LAXMI NAGAR on the basis of settlement arrived at between
the parties.
2. As per the submissions, the matter between the petitioners and R-2 has been
amicably settled
3. Vide separate statement recorded in this behalf, petitioners stated that dispute
between them and R-2 has been amicably settled as per the settlement deed dated
11.01.2025. The settlement has been arrived at between the parties herein
without any force, coercion, undue influence and pressure. They have signed the
settlement deed with their wish and will. Vide separate statement recorded in this
behalf, R-2 stated that dispute between R-2 and petitioners has been amicably
settled as per the settlement deed dated 11.01.2025. The settlement has been
arrived at between the parties herein without any force, coercion, undue
influence and pressure. The settlement deed has been signed with wish and will.
4. Investigating Officer is present in Court and has duly verified the identity of
both the parties. Separate statement of Investigating Officer has also been
recorded.
5. The parties along with their counsels have confirmed that the settlement deed
has been duly entered into between them.
6. Learned counsel for State/APP enters appearance and accepts notice. He
submits that in view of the statement recorded, let the matter be placed before the
Hon'ble Court.
7. The compromise/settlement deed is in writing and has been duly signed by both
the parties. I have heard both the parties and from the direct dialogue with both
the parties, it is observed that the consent of both the parties is found to be
genuine and has not been obtained under undue influence or pressure.
8. In view of the above, matter be placed before the Hon'ble Court on
23.05.2025."
5. Petitioner no. 1 to 3 are physically present before the Court while
petitioner no. 4 & 5 have entered their appearance through VC. They have
been identified by their respective counsels as well as by the Investigating
Officer SI Prashant Malik from PS Laxmi Nagar.
6. Respondent No. 2 accepts the terms and conditions of settlement
deed dated 11.01.2025 and confirms that she has received Rs. 20,70,000/-
and further submits that the matter has been amicably settled with the
Petitioners without any force, fear, or coercion. She has no objection if FIR
NO. 431/2019 Under Sections498-A/406/34 of the Indian Penal Code
registered at P.S. LAXMI NAGAR along with all pending proceedings
arising therefrom, 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 FIR NO. 431/2019
Under Sections498-A/406/34 of the Indian Penal Code registered at P.S.
LAXMI NAGAR alongwith pending proceeding 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. 431/2019 Under Sections498-A/406/34 of the
Indian Penal Code registered at P.S. LAXMI NAGAR and all the other
consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO.
431/2019 Under Sections 498-A/406/34 of the Indian Penal Code
registered at P.S. LAXMI NAGAR, along with 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/na
