Delhi High Court
Dinesh Kumar And Ors vs State (Nct Of Delhi) And Anr on 23 May, 2025
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision:23.05.2025
+ CRL.M.C. 888/2025
DINESH KUMAR AND ORS .....Petitioners
Through: Ms. Srishti Saini, Adv.
versus
STATE (NCT OF DELHI) AND ANR .....Respondents
Through: Ms. Meenakshi Dahiya, APP
with SI Rajendra Kumar, PS
Kishan Garh and SI Deependra,
PS Sonia Vihar
Mr. Ashish Kapur, Mr. Anmol
Kapur and Mr. Risap Atal,
Advs. for R-2.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
SHALINDER KAUR, J (ORAL)
CRL.M.A. 4104/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
3. The present petition has been filed by the petitioners under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking
to quash the FIR No. 0387/2015 dated 25.07.2015 for offences under
Sections 498A, 406 and 34 of the Indian Penal Code, 1860, registered
at Police Station Soniya Vihar ("subject FIR") and all other
proceedings emanating therefrom.
4. The learned counsel for the petitioners submits that the
respondent no. 2 is wife of the petitioner no. 1 and their marriage was
solemnized on 06.06.2009 at Delhi, as per the Hindu rites and
ceremonies and that no child has been born out of the said wedlock.
He submits that the incompatible behaviour, conduct and temperament
of the parties, coupled with raising demands of dowry and increasing
harrsment, led to the registration of the subject FIR.
5. The learned counsel submits that due to the irreconcilable and
temperamental differences, the marriage of the petitioner no.1 and the
respondent no. 2 has suffered an irretrievable breakdown and the
parties have been living separately since 01.01.2013.
6. He further submits that with the intervention of the family
members, relatives, and mutual acquaintances, the parties have arrived
at an amicable and voluntary resolution of their disputes and that no
further dispute subsists in relation thereto and the divorce by way of
mutual consent has also taken place between the parties vide the
divorce decree dated 26.10.2024 passed by the learned Judge, Family
Court, Central District, Tis Hazari Courts Delhi. The Copy of the
judgment dated 26.10.2024 along with the Decree of Divorce by
mutual consent has been filed today in Court. The same is taken on
record.
7. The present petition is premised on the aforesaid assertion that
the dispute inter se the parties stand amicably resolved, of their own
volition, uninfluenced by any coercion, compulsion or undue
inducement. In furtherance thereof, a Memorandum of
Understanding/Settlement Deed dated 13.08.2024 has been duly
executed between the petitioner no. 1 and the respondent No. 2. It is
further submitted that, in terms of the said Settlement/MoU,
respondent No. 2 has undertaken to withdraw all proceedings
presently pending before various judicial fora.
8. In terms of the said settlement, the petitioner no. 1 has
undertaken to pay a sum of Rs. 25,00,000/- full and final settlement of
all her claims. The Settlement Deed dated 13.08.2024 outlining the
terms of settlement has been placed on record.
9. Pursuant to this Settlement, the Statement of the parties have
been recorded by the Joint Registrar (Judicial) on 10.02.2025 and they
have been duly identified by the Investigating Officer and their
respective counsels. The respondent no. 2, in his statement before the
Joint Registrar (Judicial), has stated therein, that he has no objection if
the subject FIR and all the proceedings emanating therefrom is
quashed.
10. Before this Court, the Investigating Officer has again identified
the parties and they have confirmed that they are abiding by all the
terms of the Settlement.
11. The complainant/respondent no. 2, who is present-in-person
before this Court, upon being queried, confirms that the Settlement
Deed dated 13.08.2024 has been entered into between the parties and
that she has received the entire sum of Rs. 25,00,000/- in three
instalments by way of Demand Drafts i.e., Rs.10 lakh, Rs. 10 lakh and
Rs. 5 lakh, respectively in full and final settlement of all her claims
including maintenance (past, present and future), stridhan, dowry,
articles, jewellery, permanent alimony etc., in compliance of the terms
of the said Settlement. The respondent no. 2 also confirms that the
marriage has been dissolved vide the decree dated 26.10.2024 and that
there is no other litigation pending between the parties. Furthermore,
she has no objection if the subject FIR and all consequential benefit
emanating therefrom are quashed.
12. In view of the foregoing, the learned counsels of the parties,
jointly prayed, for quashing of the subject FIR.
13. The learned APP, for the state, submits that there is no
objection if the subject FIR and all consequential proceedings arising
therefrom are quashed.
14. In view of these circumstances, in line with the law laid down
by the Supreme Court in Gian Singh vs. State of Punjab &
Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs.
State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no
reason why the subject FIR and all proceedings emanating therefrom
should not be quashed. In light of the settlement between the
contesting parties, continuing with the subject FIR and all subsequent
proceedings would be a futile exercise and would not be conducive to
peace and harmony between the parties.
15. In conspectus of the above facts and the Settlement Deed dated
13.08.2024, the subject FIR No. 0387/2015 for offences under
Sections 498A, 406 and 34 of the Indian Penal Code, 1860, registered
at Police Station Soniya Vihar and all consequential proceedings
emanating therefrom, are hereby quashed.
16. The present petition is, accordingly, disposed of, in the
aforesaid terms.
SHALINDER KAUR, J
MAY 23, 2025/SU/KP
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