Delhi High Court
Vikas Gahlot & Anr vs The State Of Nct Of Delhi & Anr on 23 May, 2025
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.05.2025
+ CRL.M.C. 2999/2025 & CRL.M.A. 13347/2025 EXEMPTION
FROM FILING CERTIFIED, DIM COPIES
VIKAS GAHLOT and ANR. .....Petitioners
Through: Mr. Vishesh Kr. Raghave &
Mr. Ketan Panwar, Advs. along
with petitioners in person
versus
THE STATE OF NCT OF DELHI AND ANR....Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Sachin, PS
Khajuri Khas
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. 71/2018 Under
Sections 498-A/406/377/34 of the Indian Penal Code registered at P.S.
Khajuri Khas, 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 22.05.2013 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, both the parties started living
separately since 06.05.2017. Pursuant to which on 22.02.2018, the
aforesaid FIR was registered against the petitioners. Charge sheet
regarding the said FIR has been duly filed under sections
498A/406/377/34 IPC.
3. During the pendency of the proceedings, the parties amicably
resolved their disputes through a compromise/MOU dated 05.10.2024.
Thereafter, on 27.01.2025, both parties were granted divorce by mutual
consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide
HMA No. 10/2025. As per the settlement agreement, the total and final
settlement amount was fixed at Rs. 30,00,000/-, to be paid in
installments, and the MOU/compromise deed dated 05.10.2024 has been
placed on record as Annexure P5.
4. Both the parties were presented before the JR on 01.05.2025,
for recording their statements, which reads as follows;
"01.05.2025
1. The present non contentious petition has been filed by the petitioners
under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for
quashing of the FIR NO. 71/2018 Under Sections498-A/406/34 of the
Indian Penal Code registered at P.S. KHAJURI KHAS 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. P-2 is appearing through virtual mode and stated
that matter has been amicably settled.
3. Vide separate statement recorded in this behalf, P-1 stated that dispute
between petitioners and R-2 has been amicably settled as per the settlement
deed dated 05.10.2024. The settlement has been arrived at between the
parties herein without any force, coercion, undue influence and pressure.
They have signed the settlement deed withtheir 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
05.10.2024. 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 thesettlement
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 Courton
23.05.2025."
5. Petitioner no. 1 & Respondent no. 2 are physically present
before the Court with counsel while petitioner no. 2 has entered their
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer SI Sachin from PS
Khajuri Khas.
6. Respondent No. 2 confirms that she has received the full and
final settlement amount of Rs. 30,00,000/- and further submits that the
matter has been amicably settled with the Petitioners without any
force, fear, or coercion. She has no objection to the terms and
conditions mentioned in the Compromise/Settlement Deed dated
05.10.2024 and further submits that she has no objection if FIR NO.
71/2018 Under Sections 498-A/406/377/34 of the Indian Penal
Code registered at P.S. Khajuri Khas 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. 71/2018 Under Sections 498-A/406/377/34 of the Indian Penal
Code registered at P.S. Khajuri Khas 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. 71/2018 Under Sections 498-
A/406/377/34 of the Indian Penal Code registered at P.S. Khajuri
Khas and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO.
71/2018 Under Sections 498-A/406/377/34 of the Indian Penal
Code registered at P.S. Khajuri Khas, 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
