Mr. Aakash Sharma, Adv. along with v. STATE

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 26/05/2025 at 11:46:15 $~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 486/2025 PULKIT VATS & ORS. .....Petitioners Through: Mr. Aakash Sharma, Adv. along with petitioners in person. versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. SI Naresh Kr. Sharma, PS Shahdara. Mr. Gyan Mitra, Adv. For R-2. 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. 2322/2025(exemption) 2. Allowed subject to all just exceptions. This application is disposed of. CRL.M.C. 486/2025 3. The present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of the FIR No. 311/2021, under Sections 498A/377/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at P.S. Shahdara, and all other consequential proceedings emanating therefrom, including the chargesheet filed before the Court of Ms. Shruti Sharma, learned Metropolitan Magistrate, Mahila Court, Shahdara District. Karkardooma Courts, Delhi. 4. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 19.06.2020 as per Hindu rites and ceremonies 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 26/05/2025 at 11:46:15 and no child was born out of the said wedlock. 5. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 24.11.2020. 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 (maternal aunt) and petitioner no. 6 (maternal uncle). 6. Petitioner No. 1 and respondent No. 2 on 06.08.2024 have arrived at a Memorandum of Settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an lumpsum amount of Rs. 7,50,000/- 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 06.08.2024 has been placed on record as Annexure P-2. 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 21.10.2024, passed by Sh. Devender Kumar, Judge, Family Court-01 , District Shahdara, Karkardooma Courts, Delhi. The copy of the decree of divorce has been annexed with this petition. (Annexure P-3). 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 28.04.2025 which reads as under: - “Mr. Gyan Mitra, Ld. Counsel for petitioners & Respondent no. 2 appeared through VC and submits that the demand draft for a sum of Rs. 2,50,000/- bearing no. 000051 drawn on Bandhan Bank, dated 13.03.2025 today handed over to Respondent no. 2 on the last date of hearing stands duly honoured and nothing else remains due in this case and Respondent no. 2 has no objection if FIR No. 311/2021, Under Section 498-A/406/377/34 IPC, registered PS 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 26/05/2025 at 11:46:15 Shahdara, Delhi and all proceeding emanating there from is quashed qua the petitioners. The statement of Respondent no. 2 to ascertain the veracity and the genuineness of the parties entering into settlement was recorded on 19.03.2025. The Mediation Settlement dated 06.08.2024 entered into between the parties is on record as Annexure P-2 at page 50 to 53 onwards. As per the settlement, the respondent no. 2 has now received the total settlement amount towards her article, stridhan as well as towards alimony and maintenance past, present and future whatsoever and Respondent no. 2 shall not claim anything in this regards in future by way of any litigation. Respondent no. 2 states that she has no objection whatsoever if FIR no. 311/2021, Under Section 498-A/406/377/34 IPC, registered PS Shahdara, Delhi against the petitioners is quashed. Respondent no. 2 has also been granted divorce by Mutual consent in HMA No. 147/2023 vide decree dated 21.10.2024 which is on record Annexure - P-3 at page 54. There is no child born out of the wedlock. Respondent no. 2 shall abide by all the terms of the settlement and fully cooperate in quashing of the present FIR and withdrawal of any other case, if any as per the settlement. Respondent no. 2 undertakes to fully cooperate in quashing of the present FIR and withdrawal of all/any other connected case, if any. Respondent no. 2 has also given her affidavit in support of the present petition which is at page no. 59-60 of the petition bearing her signatures. This pre verified report along with the petition may be placed before the Hon'ble Court on 22nd May, 2025 alongwith the statements recorded today.” 9. Petitioners No. 1 to 6 and complainant/respondent No. 2 have appeared in-person before the Court today and have been duly identified by their respective counsels, as well as the Investigating Officer, Sub Inspector Naresh Kumar Sharma, P.S. Shahdara. 10. Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the present FIR is quashed. 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 26/05/2025 at 11:46:15 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. 311/2021, under Sections 498A/377/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at P.S. Shahdara, and all other consequential proceedings emanating therefrom, including the chargesheet filed before the Court of competent jurisdiction. 14. In the interest of justice, the present petition is allowed, and the FIR No. 311/2021, under Sections 498A/377/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at P.S. Shahdara, and all other consequential proceedings emanating therefrom, including the chargesheet filed before the Court of Ms. Shruti Sharma, learned Metropolitan Magistrate, Mahila Court, Shahdara Distt. Karkardooma Courts, Delhi, is hereby quashed. 15. Petition is allowed and disposed of accordingly. 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 26/05/2025 at 11:46:15

16. Pending application(s), if any, also stand disposed of. 17. Copy of the order be communicated to the concerned learned Trial Court for necessary information and compliance. AMIT SHARMA, J MAY 22, 2025/kr/sc Click here to check corrigendum, if any