Delhi High Court
Verender Bangroo And Anr vs State Of Nct Of Delhi And Anr on 28 May, 2025
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 28.05.2025
,,,,,,,,,,
+ W.P.(CRL) 1374/2025
VERENDER BANGROO AND ANR. .....Petitioners
Through: Petitioner No. 1 in person with
Mr. N.K. Mishra, Advocate
Petitioner No. 2 through VC
versus
STATE OF NCT OF DELHI AND ANR ... Respondents
Through: Mr. Sanjay Lao, Standing
Counsel, Ms. Priyam Aggarwal,
Mr. Abhinav Kumar Arya &
Mr. Aryan Sachdeva, Advs.
with SI Ravinder, PS Amar
Colony
R-2 in person with Mr. Nipun
Gupta & Mr. Vansh Malhotra,
Advs.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution and
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking
quashing of FIR No. 0367/2023, dated 17.08.2023, registered at P.S
Amar Colony 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.2was
solemnized on08.11.1997 as per Hindu rites and ceremonies at Delhi.
One male child namely Ishan Shivansh Bangroo was born on
18.04.2000 out of the said wedlock. It is submitted that due to
temperamental differences, the couple started living separately since
December 2020. Thereafter, Respondent No.2 filed a petition under
section 12 of the DV Act, civil suit bearing case no. CS DJ 795/23 and
also lodged the aforesaid FIR against Petitioner No. 1 and his family
members.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Compromise Deed dated 26.07.2024. 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, Saket Courts allowed
the mutual divorce petition on 28.01.2025, 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the parties have been withdrawn and all conditions of the Settlement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 have been fulfilled including the payment of the total
settlement amount of Rs.48,50,000/- (Rupees Forty-Eight Lacs Fifty
Thousand) as per the schedule mentioned in the Compromise Deed.
The copy of Compromise Deed dated 26.07.2024has 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:-
"29.04.2025
Father in law namely Mr. Jawahar Lai Bangroo got expired
and factum of death of said accused got duly verified by the IO.
1. The present non contentious petition has been filed by
thepetitioners under Section 528 of the Bhartiya Nagarik
SurakshaSanhita, 2023 for quashing of the FIR NO. 367/2023
Under Sections498A/406/34 OF IPC P.S. AMAR COLONY,
DELHI on the basis ofsettlement arrived at between the parties.
2. As per the submissions, the matter between the petitioners andR-
2 has been amicably settled. Investigating officer stated that
fatherin law, namely, Mr. Jawahar Lal Bangroo got expired and
factum ofdeath of said accused got duly verified by the
Investigating Officer.
3. Vide separate statement recorded in this behalf, petitionersstated
that dispute between them and R-2 has been amicably settled asper
the settlement deed dated 26.07.2024. The settlement has
beenarrived at between the parties herein without any force,
coercion,undue influence and pressure. They have signed the
settlement deedwith their wish and will. Vide separate statement
recorded in thisbehalf, R-2 stated that dispute between R-2 and
petitioners has beenamicably settled as per the settlement deed
dated 26.07.2024. Thesettlement has been arrived at between the
parties herein without anyforce, coercion, undue influence and
pressure. The settlement deed hasbeen signed with wish and will.
4. Investigating Officer is present in Court and has duly verifiedthe
identity of both the parties. Separate statement of
InvestigatingOfficer 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
acceptsnotice. He submits that in view of the statement recorded,
let thematter be placed before the Hon'ble Court.
7. The compromise/settlement deed is in writing and has beenduly
signed by both the parties. I have heard both the parties and
fromthe direct dialogue with both the parties, it is observed that the
consentof both the parties is found to be genuine and has not been
obtainedunder undue influence or pressure.
8. In view of the above, matter be placed before the Hon'ble
Courton 28.05.2025.
5. Petitioner No. 1 and respondent No. 2 are physically present
before the Court with respective counsels while petitioner No. 2 has
entered appearance through VC. They have been identified by their
respective counsels as well as by the Investigating Officer SI
Ravinder, PS Amar Colony.
6. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear, coercion and she has received
the payment of the entire settlement amount of Rs.48,50,000/- (Rupees
Forty-Eight Lacs Fifty Thousand) from the Petitioner No.1 as per the
schedule mentioned in the Compromise Deed dated 26.07.2024. She
further submits that she has no objection if the FIR No. 0367/2023 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. 0367/2023 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. 0367/2023, dated 17.08.2023,
registered at P.S Amar Colony 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.
0367/2023, dated 17.08.2023, registered at P.S Amar Colony under
sections 498A/406/34 IPCand 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
