Delhi High Court · 2025

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1016/2025& CRL.M.A. 4651/2025 RAJEEV KHATANA AND ORS .....Petitioners Through: Mr. Shailendra A. and Ms. Kirti Sejwal, Advocates alongwith petitioners in person. versus THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP for the State. SI Lal Chand, PS V.K.South. Counsel for R-2 appearance not given. R-2 through VC. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Section 528 of the BNSS seeks quashing of FIR No. 265/2012, under Section 498A/406/34 of the IPC, registered at PS Vasant Kunj, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kavita Bist, learned JMFC, Patiala House Courts, New Delhi. 3. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 19.02.2009 as per Hindu Rites and Customs and one male child was born out of the said wedlock. 4. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties resided separately from 24.04.2012. Subsequently, 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 31/05/2025 at 14:59:29 respondent no.2/complainant registered an FIR against petitioner no. 1 (husband), petitioner no. 2 (father-in-law), petitioner no. 3 (mother-in-law), petitioner no. 4 (brother-in-law) and petitioner no. 5 (sister-in-law). 5. On 23.12.2024, parties arrived at a compromise and as per the said compromise deed, petitioner no.1 has agreed to pay an amount of Rs. 8,60,000/- 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. 6. The marriage between the parties stands dissolved by a decree of divorce dated 17.05.2014, passed by Ms. Rekha Rani, Principal Judge, Family Court, Patiala House Courts, Delhi (Annexure B). 7. The matter was listed before the learned Joint Registrar on 13.02.2025, wherein it has been recorded as under:- “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. 265/2012 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. VASANT KUNJ 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. 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 23.12.2024. 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 her and petitioners has been amicably settled as per the settlement deed dated 23.12.2024. 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. The parties along with their counsels have confirmed that the settlement deed has been duly entered between them. 5. Investigating Officer is present in Court and has duly verified 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 31/05/2025 at 14:59:29 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. 6. 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. 7. It is observed that notice of the present petition has not been served upon R-1. Let notice be issued to R-I to be served by all permissible modes on filing of PF for the next date of hearing. As prayed, let notice to R-1 be served through Standing Counsel for the next date of hearing. 8. Renotify on 30.04.2025.” 8. Petitioners are present before the Court in person and complainant/respondent no. 2 is present through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Lal Chand, PS V.K.South.. 9. The Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. She further states that all the terms of the settlement have been complied with. 10. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 11. In Gian Singh v. State of Punjab (2012) 10 SCC 303, 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 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 31/05/2025 at 14:59:29 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 proceedings.” 12. 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. 265/2012, under Section 498A/406/34 of the IPC, registered at PS Vasant Kunj, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kavita Bist, learned JMFC, Patiala House Courts, New Delhi. 13. In the interest of justice, the petition is allowed, and the FIR No. 265/2012, under Section 498A/406/34 of the IPC, registered at PS Vasant Kunj, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kavita Bist, learned JMFC, Patiala House Courts, New Delhi, is hereby quashed. 14. Petition is allowed and disposed of accordingly. 15. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 28, 2025/sn Click here to check corrigendum, if any