Delhi High Court
Mahesh Chand Gupta & Ors vs State Govt. Of Nct Of Delhi And Anr on 19 May, 2025
$~118
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.05.2025
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+ W.P. (CRL) 1303/2025
MAHESH CHAND GUPTA & ORS. .....Petitioners
Through: All petitioners present in person
with Ms. Priyanka Siwas, Mr.
Jai Subhash Thakur, Mr.
Kawalpreet Singh & Mr.
Manish, Advocates
versus
THE STATE & ANR.
... Respondents
Through: Mr. Sanjay Lao, Standing
Counsel for the State with SI
Satish Kumar, PS Raj Park
R-2is present through VC
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution read
with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
seeking quashing of FIR No. 0496/2023, dated 05.08.2023, registered
at P.S Raj Park 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 21.04.2022 as per Hindu rites and ceremonies at
Delhi. A girl namely Shivanshi was born on 05.02.2023 out of the said
wedlock. It is submitted that due to temperamental differences, the
couple started living separately. Thereafter, Respondent No.2 filed the
following cases against the Petitioners:-
i. Complaint case bearing no. Ct. case 6748/2023 under section 12
of the DV Act
ii. Execution petition bearing No. Ex Crl 149/2024 in the aforesaid
DV case,
iii. Petition under section 125 Cr.P.C. for maintenance
iv. FIR No. 0496/2023, dated 05.08.2023, registered at P.S Raj
Park under sections 498A/406/34 IPC against Petitioner No. 1
and his family members.
The Petitioners also filed the following cases against the Respondent
no.2:-
i. Complaint case bearing no. Ct. Case 13729/2023
ii. Another Complaint case bearing no. Ct. Case 23361/2023
iii. A writ petition bearing Crl. No. 1656/2024
3. During the proceedings, the parties amicably resolved their
disputes and executed a Memorandum of Understanding/Settlement
Deed dated 04.11.2024. 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, North-west, Rohini Courts allowed the mutual divorce petition
on 15.01.2025, 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 have been fulfilled as per the
schedule mentioned in the Settlement Deed. The copy of
Memorandum of Understanding/Settlement Deed dated 04.11.2024
has 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:-
"24.04.2025
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. 496/2023 Under
Sections 498A/406/34 of the Indian Penal Code registered at P.S.
Raj Park 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 04.11.2024. 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 deed dated 04.11.2024. 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 undue influence or pressure.
8. In view of the above, matter be placed before the Hon'ble Court
on 19.05.2025.
5. Petitioner No. 1 to 3 are physically present before the Court
with counsel while respondent No 2 has entered appearance through
VC. They have been identified by their respective counsels as well as
by the Investigating Officer SI Satish Kumar, from PS Raj Park.
6. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear, coercion and she no objection
regarding the terms and conditions as mentioned in the Memorandum
of Understanding/Settlement Deed dated 04.11.2024. She further
submits that she has no objection if the FIR No. 0496/2023 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. 0496/2023 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. 0496/2023, dated 05.08.2023,
registered at P.S Raj Park 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.
0496/2023, dated 05.08.2023, registered at P.S Raj Park 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
