Delhi High Court
Prateek Verma And Ors vs State Govt. Of Nct Of Delhi And Anr on 19 May, 2025
$~115
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.05.2025
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+ CRL.M.C. 2618/2025
PRATEEK VERMA & ORS. .....Petitioners
Through: All petitioners in person with
Mr. Rohit Mathur, Advocate for
all the petitioners
versus
STATE (NCT OF DELHI) & ANR.
... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI
Dhyanendra, PS Dabri
Ms. Ritu & Ms. Mandari
Vasundara, Advs for the
Complainant
R-2 is present 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. 0459/2024,
dated 19.07.2024, registered at P.S Dabri 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 20.01.2016 as per Hindu rites and ceremonies at
Delhi. One boy namely Shivansh Verma was born on 09.11.2016 out
of the said wedlock. It is submitted that due to temperamental
differences, the couple lived separately for six months. Thereafter,
Respondent No.2 filed a complaint case under section 12 of the DV
Act 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 Memorandum of understanding (MoU) dated
26.03.2025. In pursuance of the Settlement, the parties are residing
together in their matrimonial home since 11.10.2023. It is submitted
that all the previous complaints and litigations initiated by the parties
has been withdrawn and all conditions of the Settlement have been
fulfilled. The copy of Memorandum of understanding (MoU) dated
26.03.2025 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:-
"21.04.2025
1. The present non contentious petition has been filed by the
petitioners under Section 528 of the Bhartiya Nagarik Suraksha
Sanhita, 2023 for quashing of the FIR NO. 459/2024 Under
Sections 498A/406/34 of the Indian Penal Code registered at P.S.
DABRI on the basis of settlement arrived at between the parties.
2. As per the submissions, the matter between the petitioners and
R-2 has been amicably settled.
3. Vide separate statement recorded in this behalf, petitioners stated
that dispute between them and R-2 has been amicably settled as per
the settlement deed dated 26.03.2025. The settlement has been
arrived at between the parties herein without any force, coercion,
undue influence and pressure. They have signed the settlement deed
with their wish and will. Vide separate statement recorded in this
behalf, R-2 stated that dispute between R-2 and petitioners has been
amicably settled as per the settlement deed dated 26.03.2025. The
settlement has been arrived at between the parties herein without
any force, coercion, undue influence and pressure. The settlement
deed has been signed with wish and will.
4. Investigating Officer is present in Court and has duly verified the
identity of both the parties. Separate statement of Investigating
Officer has also been recorded.
5. The parties along with their counsels have confirmed that the
settlement deed has been duly entered into between them.
6. 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.
7. The compromise/settlement deed is in writing and has been duly
signed by both the parties. I have heard both the parties and from
the direct dialogue with both the parties, it is observed that the
consent of both the parties is found to be genuine and has not been
obtained under undue influence or pressure.
8. In view of the above, matter be placed before the Hon'ble Court
on 19.05.2025.
5. Petitioners No. 1 to 3 and R-2 are physically present before the
Court with respective counsels. They have been identified by their
respective counsels as well as by the Investigating Officer SI
Dhyanendra, from PS Dabri.
6. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear, coercion and she has no
objection if the FIR No. 0459/2024 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. 0459/2024 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. 0459/2024, dated 19.07.2024,
registered at P.S Dabri 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.
0459/2024, dated 19.07.2024, registered at P.S Dabri 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 19, 2025/AK
