Mr. Jayant Pawar, Adv. (throughVC) v. THE STATE

Through: Mr. Hemant Mehla, APP for the State. SI Yashpal Singh, PS Farsh Bazar. R2 in-person, through VC. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R 10.03.2025 This hearing has been done through hybrid mode. The present petition filed under Section 482 Cr.P.C. (Section 528 of the % 1.

2. BNSS) seeks quashing of FIR No. 533/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Farsh Bazar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate First Class, Mahila Court-01, Shahdara District, Karkardooma Court Complex, Delhi.

3. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 08.02.2019 as per Hindu rites and ceremonies. No child was born out of the said wedlock.

4. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 30.06.2020. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), 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 17/03/2025 at 11:08:47 petitioner no. 2 (father-in-law), petitioner no. 3 (mother-in-law) and petitioner no. 4 (brother-in-law).

5. On 30.08.2024, the parties, i.e., petitioner no. 1 and respondent no. 2 arrived at a settlement/ Memorandum of Understanding (‘MOU’) and as per the said MOU, petitioner no.1 has agreed to pay an amount of Rs. 27,00,000/- (Rupees twenty seven lakhs only) to 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/MOU dated 30.08.2024 is on record (Annexure P/6).

6. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 17.12.2024, passed by Shri Saurab Gusain, Principal Judge, Family Court, Faridabad (AnnexureP/9). Further, as per the settlement deed, an amount of Rs. 18,00,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 9,00,000/- has been handed over to respondent no. 2 by learned counsel for the petitioners by means of a demand draft bearing no. 511683 drawn on ICICI Bank dated

06.02.2025, as recorded in the order dated 10.02.2025 before the learned Joint Registrar (Judicial). Further, vide order dated 25.02.2025, learned counsel for respondent no. 2/wife submitted before the learned Joint Registrar that the aforesaid demand draft had been duly realised.

7. Petitioners and complainant/respondent no. 2 are present before the Court today through video conferencing and have been duly identified by their respective counsels as well as the Investigating Officer, SI Yashpal Singh, PS Farsh Bazar.

8. The complainant/respondent no. 2 states that the matter has been settled with the petitioners and she has no objection if the FIR and the subsequent 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 17/03/2025 at 11:08:47 proceedings emanating therefrom including the chargesheet are quashed. She further states that all the terms of the settlement agreement/MOU have been complied with. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR and the subsequent proceedings emanating therefrom including the chargesheet are quashed.

9. The matter was placed before the learned Joint Registrar (Judicial), who has recorded the statements of both the parties and passed the following order dated 25.02.2025: “Ld. Counsel for Respondent no. 2 Sh. Ajeet Singh has appeared through VC; and has reported that the demand draft for a sum of Rs. 9,00,000/- handed over to Respondent no. 2 on the last date of hearing stands duly realized. Further, he states that Respondent no. 2 has no objection if the FIR No. 533/2020, Under Section 498-A/406/34 IPC, PS Farsh Bazar, Delhi and all proceedings emanating there from are 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 10.02.2025. The compromise/MOU/Settlement dated 30.08.2024 entered into between the parties is on record as Annexure P-6 at page no. 81. 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. There is no child born out of the wedlock. Respondent no. 2 has also been granted divorce by Mutual consent in HMA No. 1567/2024 vide divorce decree dated 17.12.2024 as Annexure P-9 at page no. 90. Respondent no. 2 has been identified by her counsel. This pre verified report along with the petition may be placed before the Hon’ble Court on 10th March, 2025 alongwith the statements recorded today.”

10. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble 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 17/03/2025 at 11:08:47 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.”

11. 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. 533/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Farsh Bazar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate First Class, Mahila Court-01, Shahdara District, Karkardooma Court Complex, Delhi.

12. In the interest of justice, the petition is allowed, and the FIR No. 533/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Farsh Bazar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate First Class, Mahila Court-01, Shahdara District, Karkardooma Court Complex, Delhi are hereby quashed.

13. Petition is allowed and disposed of accordingly.

14. Pending application(s), if any, also stands disposed of. MARCH 10, 2025/kr/Pc Click here to check corrigendum, if any AMIT SHARMA, J 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 17/03/2025 at 11:08:47