Delhi High Court
Hari Kishan vs The State Of Nct Of Delhi & Anr on 30 May, 2025
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.05.2025
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+ CRL.M.C. 2434/2025 & CRL.M.A. 10884/2025
HARI KISHAN .....Petitioners
Through: Mr. Ranjit Singh Daler,
Advocate along with petitioner
in person.
versus
THE STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Sandeep Kumar,
PS-Ambedkar Nagar.
Mr. Praveen Kumar, Adv. for
R2 along with R2 in person.
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. 0451/2014,
dated 10.07.2014, registered at P.S Ambedkar 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 and Respondent No.2 was
solemnized on 04.11.2003 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
05.05.2012. Thereafter, Respondent No.2 lodged the aforesaid FIR
against the petitioner. The charge sheet was filed under sections
498A/406/174A/34 IPC.
3. During the proceedings, the parties have amicably resolved their
disputes and executed a Compromise/Settlement Deed dated
03.10.2023. 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 20.09.2024, 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initiated by the parties have been withdrawn and all conditions of the
Settlement Agreement including the payment of the total settlement
amount of Rs. 3,50,000/- (Rupees three lacs fifty thousand) to the
Respondent No.2 have been fulfilled as per the schedule mentioned in
the Settlement Deed. The copy of Compromise/Settlement Deed dated
03.10.2023 has been placed on record as Annexure P-7.
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
Mr. Parveen Kumar, Ld. Counsel for Respondent no. 2 through VC
& Respondent no. 2 appeared in person and submits that the
demand draft for a sum of Rs. 1,50,000/- bearing no. 875418,
drawn on State Bank of India, dated 27.03.2025 handed over to
Respondent no. 2 on the last date of hearing stands duly honoured
and nothing else remains due in this case and Respondent no. 2 has
no objection if FIR No. 451/2014, Under Section 498-A/406/34
IPC, registered at PS Ambedkar Nagar, Delhi, and all proceeding
emanating there from is quashed qua the petitioners.
The statement of Respondent no. 2 to ascertain the veracity and the
genuineness of the parties entering into settlement was recorded on
08.04.2025.
Let the pre-verified statement along with this order be placed
before the Hon'ble Court on 30th May, 2025.
5. Petitioner and Respondent no.2 are physically present before the
Court. They have been identified by their respective counsels as well
as by the Investigating Officer SI Sandeep Kumar from PS Ambedkar
Nagar.
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. 3,50,000/- (Rupees three lacs fifty
thousand) from the Petitioner as per the schedule mentioned in the
Compromise/Settlement Deed dated 03.10.2023. She further submits
that she has no objection if the FIR No. 0451/2014 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. 0451/2014 along with 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. 0451/2014, dated 10.07.2014,
registered at P.S Ambedkar Nagar under sections 498A/406/34 IPC
along with charge sheet and all the other consequential proceeding
emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR No.
0451/2014, dated 10.07.2014, registered at P.S Ambedkar Nagar
under sections 498A/406/34 IPC along with 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 30, 2025/AK
