Delhi High Court
Sumit Chopra & Ors vs State (Nct Of Delhi) & Anr on 28 May, 2025
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 28.05.2025
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+ CRL.M.C. 3490/2025
SUMIT CHOPRA & ORS. .....Petitioners
Through: P-1 in person with Mr. Manish
Kumar, Mr. Gourav Bansal &
Ms. Garima Anand, Advs.
P-2 to P-4 through VC
versus
STATE (NCT OF DELHI) & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Mohit Kumar, PS
Tilak Nagar
R-2 in person with Mr. Abul
Hasan Khan, Adv.
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. 0881/2020,
dated 26.12.2020, registered at P.S Tilak Nagar 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 19.04.2018 as per Hindu rites and ceremonies at
Delhi. A girl child namely Radhya was born on 25.07.2020 out of the
said wedlock. It is submitted that due to temperamental differences,
the couple started living separately since 03.02.2020. Thereafter,
Respondent No.2 filed the following cases against the petitioners:
i. a petition under section 12 of the DV Act
ii. a maintenance petition under section 125 Cr.P.C.
iii. an execution petition bearing No. 183/2021
iv. Criminal Appeal bearing No. 243/2023
v. Contempt petition bearing Cont. Case (C) No. 1430/2023
vi. FIR against Petitioner No. 1 and his family members.
Petitioner No.1 filed a Guardianship Petition bearing No. 81/2023
against the Respondent No.2. The charge sheet was filed under
sections 498A/406/377/34 IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a MoU/Settlement Deed dated 04.05.2024. 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, Tis Hazari Court
allowed the mutual divorce petition on 25.10.2024, 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the parties has been withdrawn and all conditions of the Settlement
Agreement have been fulfilled including the payment of the total
settlement amount of Rs. 18,00,000/- (Rupees eighteen lacs) as per the
schedule mentioned in the Settlement Deed. The copy of
MoU/Settlement Deed dated 04.05.2024 has been placed on record as
Annexure P-2.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"19.05.2025
Today, statement of respondent no. 2 have been recorded to
ascertain the veracity and the genuineness of the parties entering
into settlement.
Respondent no. 2 & petitioner no.1 have been identified by their
respective counsel & IO.
Let this pre-verified statement along with this order be placed
before the Hon'ble Court on 28th May, 2025.
5. Petitioner No. 1 and respondent No. 2 are physically present
before the Court with counsel for petitioner while petitioners No. 2 to
4 have entered their appearance through VC. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Mohit Kumar, PS Tilak Nagar.
6. Respondent No.2 confirms that the matter has been settled with
the petitionerswithout any force, fear, coercion and she has received
the payment of the entire settlement amount of Rs. 18,00,000/-
(Rupees eighteen lacs) from the Petitioner No.1 as per the schedule
mentioned in the MoU/Settlement Deed dated 04.05.2024. She further
submits that she has no objection if the FIR No. 0881/2020 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. 0881/2020 alongwith charge sheet is quashed.
8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Courthas 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. 0881/2020, dated 26.12.2020,
registered at P.S Tilak Nagar 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 the FIR No.
0881/2020, dated 26.12.2020, registered at P.S Tilak Nagar under
sections 498A/406/34 IPC along with the 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 28, 2025/AK
