Delhi High Court
Prashant Sobti & Anr vs The State Govt. Of Nct Of Delhi & Anr on 29 May, 2025
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 29.05.2025
,,,,,,,,,,
+ CRL.M.C. 3415/2025 & CRL.M.A. 15068/2025 (exemption
from filing certified copies)
PRASHANT SOBTI & ANR. .....Petitioners
Through: Mr. M. K. Sorja and Ms. Komal
Verma, advs. along with
petitioners in person.
Advocates.
versus
THE STATE GOVT. OF NOT OF DELHI &
ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Abhishek Rana,
W/SI Aarti (Main IO),PS-
Dwarka South.
R-2 through VC.
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. 0576/2020,
dated 18.12.2020, registered at P.S Dwarka South 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 07.12.2008 as per Hindu rites and ceremonies at
Delhi. One child namely Avyukt was born on 02.09.2010 out of the
said wedlock. It is submitted that due to temperamental differences,
the couple started living separately since 2017. Thereafter, Respondent
No.2 filed a maintenance petition under section 125 Cr.P.C., a divorce
petition under section 13 (1) (ia) of the Hindu Marriage Act, 1955 and
also lodged the aforesaid FIR against Petitioners. The charge sheet
was filed under sections 498A/406/34 IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a MoU/Settlement Deed dated 20.07.2024. 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, Dwarka Courts
allowed the mutual divorce petition on 21.01.2025, 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the parties has been withdrawn and all conditions of the Settlement
Agreement have been fulfilled including the payment of Rs.
18,00,000/- (Rupees eighteen lacs) by the Petitioner No.1 as full and
final settlement to the Respondent No.2 as per the schedule mentioned
in the Settlement Deed. The copy of MoU/Settlement Deed dated
20.07.2024 has been placed on record as Annexure P-4.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"26.05.2025
Today, statements of respondent no. 2 & petitioner no. 1 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
counsels & IO.
Let this pre-verified statement along with this order be placed
before the Hon'ble Court on 29th May, 2025.
5. Petitioner no.1 & 2 are physically present before the Court with
counsel while respondent no.2 has entered their appearance through
VC with counsel and they have been identified by their respective
counsels as well as by the Investigating Officer SI Abhishek Rana,
W/SI Aarti (Main IO),PS-Dwarka South.
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. 18,00,000/-
(Rupees eighteen lacs) from the Petitioner No.1 as per the schedule
mentioned in the Settlement Deed. She further submits that she has no
objection if the FIR No. 0576/2020 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. 0576/2020 alongwith charge sheet 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. 0576/2020, dated 18.12.2020,
registered at P.S Dwarka South under sections 498A/406/34 IPC
alongwith charge sheet and all the other consequential proceeding
emanating therefrom.
10. In the interest of justice, the petition is allowed, and the FIR No.
0576/2020, dated 18.12.2020, registered at P.S Dwarka South under
sections 498A/406/34 IPC alongwith 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 29, 2025/AK
