Mr. Shailender Arya Jagwani and Mr. Hemant Mudgil, Advs v. STATE GOVT. OF NCT OF DELHI AND ANR

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 644/2025 CHANCHAL & ORS. .....Petitioners Through: Mr. Shailender Arya Jagwani and Mr. Hemant Mudgil, Advs. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjay Lao, SC (Crl.) ASI Ravinder, PS Ambedkar Nagar. Mr. Kuldeep Kumar and Ms. Navy Charlie, Advs. For R-2. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 16.04.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 5982/2025(exemption) 2. Allowed, subject to all just exceptions. This application is disposed of. W.P.(CRL) 644/2025 3. The present petition under Article 226 of the Constitution of India read with Section 482 of the CrPC (Section 528 of the BNSS) has been filed seeking quashing of FIR No.693/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Ambedkar Nagar, Delhi. 4. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 01.12.2020 as per Hindu Rites and Customs 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 since 05.09.2021. 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 02/07/2025 at 00:35:54 respondent no.2/complainant lodged a complaint against petitioner no. 1 (husband), petitioner no. 2 (mother-in-law) and petitioner no. 3 (brother- in-law), petitioner no. 4 (sister-in-law), petitioner no. 5 (sister-in-law), petitioner no. 6 (sister-in-law). 6. Petitioners nos. 1 to 6 and the complainant/respondent no. 2 are present before this Court and they have been duly identified by their respective counsels, as well as the Investigating Officer, ASI Ravinder, PS Ambedkar Nagar, Delhi. 7. The 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. She further states that all the terms of the settlement dated 08.01.2024 have been complied with. 8. The matter was placed before the worthy Joint Registrar (Judicial), who had recorded the statements of the petitioners and complainant/respondent no. 2 and passed the following order on 28.03.2025: “Today, statement of respondent no. 2 has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no. 2 lodged FIR No. 0693/2022, Under Section 498-A/406/34 IPG, registered at PS Ambedkar Nagar, Delhi and charge-sheet has not been filed till date. Respondent no. 2 states that she has voluntarily and without any pressure or coercion from anyone and after obtaining due legal advice settled all her issues and disputes with the petitioners and out of her free will have entered into Mediation Settlement dated 08.01.2024 with the petitioners, which is on record as Annexure P-2 at page 42 bearing her signatures. As per the settlement, Respondent no. 2 has already received entire settlement amount of Rs. 10,00,000/-. All other terms and conditions of the mediation settlement also stands complied with. As Respondent no. 2 has received the total settlement amount of Rs. 10,00,000/-, therefore. Respondent no. 2 has no objections, if the FIR No. 0693/2022, Under Section 498-A/406/34 IPG, registered at PS Ambedkar Nagar, Delhi and all proceedings emanating there from are quashed against the petitioners. 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 00:35:54 This settlement amount is towards settlement of all her articles and Stridhan as well as towards her 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 shall abide by all the terms of the settlement and fully cooperate in quashing of the present FIR. There is no child bom out the wedlock. As per the terms of the settlement, Respondent no. 2 has already withdrawn all other cases instituted by Respondent no. 2 against the petitioner. Respondent no. 2 further states that she undertakes to withdraw any other case, if any remaining. Respondent no. 2 has already obtained divorce by mutual consent from petitioner no. 1 in HMA No. 997/2024. The divorce decree dated 28.05.2024 is on record at page 66. Now. Respondent no. 2 has no objection whatsoever if the present FIR against the petitioner is quashed and Respondent no. 2 shall fully cooperate in quashing of the present FIR and raise no claim in future through any civil or criminal litigation with regards to the incident relating to the present FIR. Respondent no. 2 has also given her affidavit in support of the present petition which is at page no. 21 of the petition bearing her signatures. 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 16th April, 2025 alongwith the statements recorded today.” 9. In view of the settlement between the parties, learned Standing Counsel for the State also has no objection if the present FIR is quashed. 10. 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.” 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 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 00:35:54 with the present FIR No.693/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Ambedkar Nagar, Delhi. 12. In the interest of justice, the petition is allowed and the FIR No.693/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Ambedkar Nagar, Delhi, is hereby quashed. 13. Petition is allowed and disposed of accordingly. 14. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J APRIL 16, 2025/kr Click here to check corrigendum, if any