Mr. D N Pandey, Adv. (through VC) v. STATE GOVT. OF NCT OF DELHI AND ANR

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 229/2025 VINEET SINGH & ORS. .....Petitioners Through: Mr. D N Pandey, Adv. (through VC) versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjay Lao, SC (Crl.), Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva, Advs. ASI Rohitash, PS Burari. Counsel’s appearance not given for R-2. R-2 in person through VC. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 22.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 1919/2025(exemption) 2. Allowed subject to all just exceptions. This application is disposed of. W.P.(CRL) 229/2025 3. The present petition filed under Article 226 of the Constitution of India read with Section 528 of the BNSS seeks quashing of the FIR No. 62/2018, under Sections 498A/406/34 of the IPC, registered at P.S. Burari, and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Pooja Yadav, learned Metropolitan Magistrate, Tis Hazari Courts, Delhi. 4. The marriage between petitioner no.1/husband and respondent This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:05:26 no.2/wife was solemnized on 12.12.2015 as per Hindu rites and ceremonies and no child was born out of the said wedlock. 5. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, they started residing separately from 25.12.2016. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband) and petitioner no. 2 (father-in-law), petitioner no. 3 (mother-in-law), petitioner no. 4 (brother-in-law), petitioner no. 5, petitioner no. 6 and petitioner no. 7. 6. Vide Mediation Settlement dated 02.07.2024, before Delhi Mediation Centre, Tis Hazari Courts, petitioner no. 1 and respondent no.2 have arrived at a settlement and as per the said settlement, petitioner no.1 has agreed to pay an amount of Rs. 5,25,000/- towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. It was also agreed by the parties that after the first motion petition for divorce, petitioner no.1 shall hand over all the articles that are lying with him mentioned in mediation settlement to respondent no. 2. Copy of the aforesaid mediation settlement dated 02.07.2024 has been annexed with the present petition as Annexure P-4. 7. In terms of the said settlement, the marriage between the petitioner no.1 and respondent no.2 stands dissolved by a decree of divorce dated 04.11.2024, passed by Mr. M.P. Singh, Judge, Family Court, Central Distt, Tis Hazari Courts, Delhi. The copy of the decree of divorce has been annexed with this petition as Annexure P-5. 8. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order on 14.05.2025: - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:05:26 “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. 62/2018 Under Sections 498-A/406/34 of the Indian Penal Code registered at P.S. Burari, Central Delhi on the basis of settlement arrived at between the parties. P-4 VC. 2. As per the submissions, the matter between the petitioners and R-2 has been amicably settled. P-4 is appearing through virtual mode and stated that matter 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 02.07.2024. 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 the settlement deed dated 02.07.2024. 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 under undue influence or pressure. 8. In view of the above, matter be placed before the Hon'ble Court on 22.05.2025.” 9. Petitioner Nos. 1 to 3 and 5 to 7 are present in person and petitioner no. 4 and complainant/respondent no. 2 appears in person through video conferencing before the Court and have been duly identified by the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:05:26 Investigating Officer, ASI Rohitash, PS Burari. 10. Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with. 11. In view of the settlement between the parties, Learned APP for the State has no objection if the present FIR is quashed. 12. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the 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 proceeding.” 13. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 62/2018, under Sections 498A/406/34 of the IPC, registered at P.S. Burari, and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Pooja Yadav, learned Metropolitan Magistrate, Tis Hazari Courts, Delhi. 14. In the interest of justice, the petition is allowed, and FIR No. 62/2018, under Sections 498A/406/34 of the IPC, registered at P.S. Burari, and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Pooja Yadav, learned Metropolitan This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:05:26 Magistrate, Tis Hazari Courts, Delhi, is hereby quashed. 15. Petition is allowed and disposed of accordingly. 16. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 22, 2025/kr Click here to check corrigendum, if any