Mr. Vikas Bhatia, Ms. Jyoti Ms. Kanika, Advs v. THE STATE GOVT. OF NCT OF DELHI AND ANR
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.....Respondents Through: Ms. Meenakshi Dahiya, APP for State. W/SI Pooja PS Ranjit Nagar. Mr. Yoginder Kumar, Adv. for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL)
1. The present petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the FIR No.612/2022 dated 19.08.2022 for offences under Sections 498A/406/34, registered at Police Station Ranjit Nagar (“subject FIR”) and all consequential proceedings arising therefrom. 2. The learned counsel for the petitioners submits that the Signature Not Verified Crl.M.C.358/2025 Digitally Signed By:NEELAM Signing Date:03.06.2025 14:56:38 petitioner no. 1 is the husband of respondent no. 2 and their marriage was solemnized on 04.02.2013, as per the Hindu rites and ceremonies. The petitioner no. 2 and petitioner no.3 are the mother-in-law and father-in-law respectively, of the respondent no.2. A female child was born out of the said wedlock. Subsequent thereto, he submits, the temperamental differences developed between the petitioners and respondent no. 2, coupled with the raising demands for dowry and increasing harassment, led to the registration of the subject FIR and filing of litigations by the respondent no. 2. 3. The learned counsel further submits that further during the pendency of the litigation between the parties, on request, the parties were referred to the Delhi Mediation Centre, Tis Hazari Courts, wherein, with the intervention of family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them and have stated to be living separately since 10.10.2020. 4. The present petition is premised on the assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Mediation Settlement Deed dated 01.02.2024 has been duly executed between the petitioners and the respondent No. 2 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. It is further submitted that, in terms of the said Settlement Deed, respondent No. 2 has undertaken to withdraw all proceedings Signature Not Verified Crl.M.C.358/2025 Digitally Signed By:NEELAM Signing Date:03.06.2025 14:56:38 presently pending before various judicial fora. 5. As per the terms of the Settlement, the petitioner no.1 has agreed to pay a total sum of Rs.14,20,000/- along with jewellery articles (as per admitted list signed by both the parties) to the respondent no. 2, as a full and final settlement of all her claims including maintenance (past, present and future), stridhan, permanent alimony, in four (04) instalments. It is also agreed that the minor daughter shall remain in care and custody of respondent no.2 and petitioner no.1 will have the visitation rights to meet his daughter on Second Saturday and Fourth Sunday of every month. Furthermore, the marriage between the petitioner no. 1 and respondent no. 2 has been dissolved by a decree of divorce by way of mutual consent dated
02.07.2024 passed by the learned Judge Family Courts-2, West District, Tis Hazari Courts, Delhi. The said Mediation Settlement Deed dated 01.02.2024 embodying the terms of settlement has been placed on record. 6. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 06.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed. 7. Before this Court, the Investigating Officer has again identified Signature Not Verified Crl.M.C.358/2025 Digitally Signed By:NEELAM Signing Date:03.06.2025 14:56:38 the parties and they have confirmed that they are abiding by all the terms of the Settlement. 8. The respondent no. 2, who is present in Court, upon being queried, submits that she had received a cheque bearing No.004609 dated 27.05.2025 of Rs.4,00,000/- drawn on The Nainital Bank Ltd., Rohtak Road, Delhi from the petitioner as a last instalment towards her full and final settlement of all her claims on 27.05.2025 and the same has been encashed, thus, she has received the entire settlement amount and nothing remains due towards the petitioners. She further submits that with respect to the cheque amount of Rs.4,00,000/-, the petitioner shall get the FDR prepared in the name of the child within two days from today. She confirms that she entered into the said Settlement Deed out of her free will, without any coercion, force or undue influence and that she has withdrawn the litigations filed by her before different Judicial for and no other litigation remains pending between the partes. Furthermore, she submits that the marriage has been dissolved vide the decree dated 01.02.2024 and has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed. 9. In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR. 10. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed. 11. In view of these circumstances, in line with the law laid down Signature Not Verified Crl.M.C.358/2025 Digitally Signed By:NEELAM Signing Date:03.06.2025 14:56:38 by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties. 12. In conspectus of the above facts and the Mediation Settlement Deed dated 01.02.2024, the subject FIR bearing No. 612/2022 dated
19.08.2022 for offences under Sections 498A/406/34, registered at Police Station Ranjit Nagar and all consequential proceedings emanating therefrom, are hereby quashed. 13. The present petition is, accordingly, disposed of, in the aforesaid terms. MAY 29, 2025/ab/kp Click here to check corrigendum, if any SHALINDER KAUR, J Signature Not Verified Crl.M.C.358/2025 Digitally Signed By:NEELAM Signing Date:03.06.2025 14:56:38