Delhi High Court
Vishal Vashisht Alias Vishal Sharma & ... vs State N C T Of Delhi And Anr on 30 May, 2025
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.05.2025
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+ CRL.M.C. 1643/2025 & CRL.M.A. 7432/2025
VISHAL VASHISHT ALIAS VISHAL
SHARMA & ORS. .....Petitioners
Through: Mr. Nikunj Yadav, Adv.
through VC along with
Petitioners no.1-3 through VC.
versus
STATE NCT OF DELHI AND ANR.
... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Manisha,
PS-Punjabi Bagh.
Mr. Susheel Kumar Tiwari,
Adv. for R2 through VC along
with R2 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. 0649/2019,
dated 20.11.2019, registered at P.S Punjabi Bagh 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 19.02.2018 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, the couple started living separately
since March 2019. Thereafter, Respondent No.2 filed the following
cases against the petitioners:
i. Execution petition bearing No. 213/2022
ii. Criminal Case bearing No. 11007/2021
iii. Maintenance case bearing Mt. case No. 186/2021
iv. Complaint under section 12 of the DV Act
v. FIR No. 0649/2019 under sections 498A/406/34 IPC
3. During the proceedings, the parties have amicably resolved their
disputes and executed a Compromise/Settlement Deed dated
01.09.2022. 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
Courts allowed the mutual divorce petition on 08.12.2023, 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initiated by the parties have been withdrawn and all conditions of the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 including the payment of the total settlement
amount of Rs. 15,00,000/- (Rupees fifteen lacs) to the Respondent
No.2 have been fulfilled as per the schedule mentioned in the
Settlement Deed. The copy of Compromise/Settlement Deed dated
01.09.2022 has been placed on record as Annexure B.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"23.05.2025
1. The present non contentious petition has been filed by the
petitioners under Section 528 of the Bhartiya Nagarik Suraksha
Sanhita, 2023 for seeking quashing of the FIR NO. 649/2019 Under
Section 498-A/406/34 IPC PS Punjabi Bagh, Delhi on the basis of
family settlement deed arrived at between the petitioners and R-2.
2. Vide order dated 07.03.2025, statement of the parties have
already been recorded.
3. 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.
4. In view of the above, matter be placed before the Hon'ble Court
on 30.05.2025.
5. Petitioner nos.1 to 3 and respondent no.2 have entered their
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer SI Manisha from PS
Punjabi Bagh.
6. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear, coercion and she has received
the total settlement amount of Rs. 15,00,000/- (Rupees fifteen lacs)
from the Petitioner No.1 as per the schedule mentioned in the
Compromise/Settlement Deed dated 01.09.2022. She further submits
that she has no objection if the FIR No. 0649/2019 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. 0649/2019 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. 0649/2019, dated 20.11.2019,
registered at P.S Punjabi Bagh 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 FIR No.
FIR No. 0649/2019, dated 20.11.2019, registered at P.S Punjabi Bagh
under sections 498A/406/34 IPC 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 30, 2025/AK
