Mr. S.K. Jha, Adv v. THE STATE NCT OF DELHI AND ANR

Through: Mr. Sanjeev Sabharwal, APP for the State with Ms. Mansi Sharma, Adv. ASI Kanwal Kaur, P.S. Jagatpuri. Mr. Ashok Jain & Ms. Pooja Jindal, Advs. for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R 08.04.2025 This hearing has been done through hybrid mode. The present petition under Section 528 of the BNSS has been filed % 1.

2. seeking quashing of FIR No. 267/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Jagat Puri and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate, First Class, Mahila Court-01, Shahdara District, Karkardooma Courts, Delhi.

3. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 17.06.2019 as per Hindu Rites and Customs and one female 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 16/04/2025 at 12:39:37

4. Due to matrimonial differences between petitioner No. 1 and respondent No. 2, the parties started residing separately from 30.10.2019. Subsequently, respondent No.2/complainant lodged a complaint against petitioner no. 1 (husband), petitioner no. 2 (brother-in-law)and petitioner no.3 (father-in-law) and petitioner no.4 (mother- in-law).

5. Petitioners are present through video conferencing and respondent No. 2 is present in person in Court today and have been duly identified by their respective counsels, as well as the Investigating Officer, ASI Kanwal Kaur, P.S. Jagatpuri.

6. Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR and consequential proceedings emanating therefrom including the chargesheet are quashed. She further states that all the terms of the settlement dated 03.09.2024 have been complied with. An affidavit dated 10.02.2025 of respondent No. 2 has been filed stating that she has entered into the settlement with the petitioners out of her own free will and without any fear, coercion or undue influence from any person.

7. 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 18.03.2025: - “Mr. Ashok Jain, Ld. Counsel for Respondent no. 2 & Respondent no. 2 have appeared through VC, and submits that the demand draft for a sum of Rs. 4,00,000/- bearing no. 222292 drawn on State Bank of India, dated 08.01.2025 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. 267/2020, Under Section 498- A/406/34 IPC, registered at PS Jagatpuri, Delhi and all 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 16/04/2025 at 12:39:37 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 28.02.2025. The Mediation/Settlement dated 03.09.2025 entered into between the parties is on record as Annexure – P-2 at page 73 to 83. 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. 267/2020, Under Section 498-A/406/34 IPC, registered at PS Jagatpuri, Delhi, against the petitioners is quashed. As per settlement, the custody of minor child namely Kashika, shall remain with Respondent no. 2 without any visitation rights to the petitioner or any of his family members or relatives. The settlement arrived at between the parties is without prejudice to the rights of minor children. Respondent no. 2 has also been granted divorce by Mutual consent in HMA No. 2605/2024 vide divorce decree dated 09.12.2024 which is on record Annexure – P-3 at page no. 84. Respondent no. 2 further states that she 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 of no objection for quashing of the present FIR which is at page no. 37 to 39 of the petition bearing her signatures. Respondent no. 2 undertakes to fully cooperate in quashing of the present FIR and withdrawal of all/any other connected case, if any. This pre verified report along with the petition may be placed before the Hon’ble Court on 08th April, 2025.”

8. In view of the settlement between the parties, learned APP for the State 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 16/04/2025 at 12:39:37 also has no objection if the present FIR and the consequential proceedings emanating therefrom including the chargesheet are quashed.

9. 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.”

10. 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. 267/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Jagat Puri and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate, First Class, Mahila Court-01, Shahdara District, Karkardooma Courts, Delhi.

11. In the interest of justice, the petition is allowed and the FIR No. 267/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Jagat Puri and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate, First Class, Mahila Court-01, Shahdara District, Karkardooma Courts, Delhi, are hereby quashed.

12. 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 16/04/2025 at 12:39:37

13. Pending application(s), if any, also stands disposed of. APRIL 8, 2025/nk 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 16/04/2025 at 12:39:37