Mr. Arun Sheoran, Adv.(through VC) v. STATE OF DELHI AND ANR
Case Details
Cited in this judgment
$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 230/2025 RINKU AND ORS .....Petitioners Through: Mr. Arun Sheoran, Adv.(through VC) Petitioners in person (through VC) versus STATE OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) Mr. Umesh Chandra Mishra, Adv. For R-2.(through VC) Respondent No. 2 in person(through VC) CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.04.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 1942/2025(exemption) 2. Allowed, subject to all just exceptions. The application is allowed and disposed of. W.P.(CRL) 230/2025 3. The present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS has been filed seeking quashing of FIR No. 146/2022, under Sections 498A/34 of the IPC, registered at P.S. Kalyan Puri, Delhi. 4. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 16.02.2021 as per Hindu Rites and Customs and no child was born out of the said wedlock. 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 01:12:33
5. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 02.05.2021. Subsequently, respondent no.2/complainant lodged a complaint against petitioner no. 1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother- in-law). 6. On 26.04.2024, parties arrived at a settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs.6,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 26.04.2024 has been placed on record (Annexure B). 7. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 17.09.2024, passed by Shri Manish Khurana, Judge, Family Court, East District, Karkardooma Courts, Delhi, (Annexure C). 8. Petitioners No. 1, 2 and 3 and complainant/respondent no. 2 have appeared before this Court through Video Conferencing and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Shakeel Ahmed, PS Kalyan Puri. 9. 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 settlement dated 26.04.2024 have been complied with. 10. The matter was placed before the worthy Joint Registrar who has recorded the statement of the complainant/respondent no. 2 and passed the following order on 03.04.2025: - 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 01:12:33 “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. 146/2022 Under Sections 498-A/34 of the Indian Penal Code registered at P.S. Kalyan Puri, Delhi 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. Learned counsel for petitioners submits that P-1 is present in Court through virtual mode. 3. Vide separate statement recorded in this behalf, P-2 and 3 stated that dispute between them and R-2 has been amicably settled as per the settlement deed dated 26.04.2024. 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. P-1 who is appearing through virtual mode stated that matter has been amicably settled. Vide separate statement recorded in this behalf, R-2 stated that dispute between her and petitioners has been amicably settled as per the settlement deed dated 26.04.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. She has signed the settlement deed with her wish and will. 4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Vide separate statement recorded in this behalf. Investigating Officer stated that the charge sheet has been filed in the present matter. He identified the prosecturix/victim/R-2. He has also identified the petitioners who are accused in the present matter. He has also verified the settlement deed executed between the parties. 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 28.04.2025.” 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 01:12:33
11. Learned Standing Counsel for the State submits that the present FIR is pending investigation however in view of the settlement between the parties he has no objection if the present FIR is quashed. 12. In Gian Singh vs. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognised 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. 146/2022, under Sections 498A/34 of the IPC, registered at P.S. Kalyan Puri, Delhi. 14. In the interest of justice, the petition is allowed and the FIR No. 146/2022, under Sections 498A/34 of the IPC, registered at P.S. Kalyan Puri, Delhi, is hereby quashed. 15. Petition is allowed and disposed of accordingly. 16. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J APRIL 28, 2025/kr Click here to check corrigendum, if any
$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 230/2025 RINKU AND ORS .....Petitioners Through: Mr. Arun Sheoran, Adv.(through VC) Petitioners in person (through VC) versus STATE OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) Mr. Umesh Chandra Mishra, Adv. For R-2.(through VC) Respondent No. 2 in person(through VC) CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.04.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 1942/2025(exemption) 2. Allowed, subject to all just exceptions. The application is allowed and disposed of. W.P.(CRL) 230/2025 3. The present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS has been filed seeking quashing of FIR No. 146/2022, under Sections 498A/34 of the IPC, registered at P.S. Kalyan Puri, Delhi. 4. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 16.02.2021 as per Hindu Rites and Customs and no child was born out of the said wedlock. 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 01:12:33
5. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 02.05.2021. Subsequently, respondent no.2/complainant lodged a complaint against petitioner no. 1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother- in-law). 6. On 26.04.2024, parties arrived at a settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs.6,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 26.04.2024 has been placed on record (Annexure B). 7. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 17.09.2024, passed by Shri Manish Khurana, Judge, Family Court, East District, Karkardooma Courts, Delhi, (Annexure C). 8. Petitioners No. 1, 2 and 3 and complainant/respondent no. 2 have appeared before this Court through Video Conferencing and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Shakeel Ahmed, PS Kalyan Puri. 9. 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 settlement dated 26.04.2024 have been complied with. 10. The matter was placed before the worthy Joint Registrar who has recorded the statement of the complainant/respondent no. 2 and passed the following order on 03.04.2025: - 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 01:12:33 “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. 146/2022 Under Sections 498-A/34 of the Indian Penal Code registered at P.S. Kalyan Puri, Delhi 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. Learned counsel for petitioners submits that P-1 is present in Court through virtual mode. 3. Vide separate statement recorded in this behalf, P-2 and 3 stated that dispute between them and R-2 has been amicably settled as per the settlement deed dated 26.04.2024. 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. P-1 who is appearing through virtual mode stated that matter has been amicably settled. Vide separate statement recorded in this behalf, R-2 stated that dispute between her and petitioners has been amicably settled as per the settlement deed dated 26.04.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. She has signed the settlement deed with her wish and will. 4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Vide separate statement recorded in this behalf. Investigating Officer stated that the charge sheet has been filed in the present matter. He identified the prosecturix/victim/R-2. He has also identified the petitioners who are accused in the present matter. He has also verified the settlement deed executed between the parties. 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 28.04.2025.” 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 01:12:33
11. Learned Standing Counsel for the State submits that the present FIR is pending investigation however in view of the settlement between the parties he has no objection if the present FIR is quashed. 12. In Gian Singh vs. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognised 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. 146/2022, under Sections 498A/34 of the IPC, registered at P.S. Kalyan Puri, Delhi. 14. In the interest of justice, the petition is allowed and the FIR No. 146/2022, under Sections 498A/34 of the IPC, registered at P.S. Kalyan Puri, Delhi, is hereby quashed. 15. Petition is allowed and disposed of accordingly. 16. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J APRIL 28, 2025/kr Click here to check corrigendum, if any