Varun Ahuja and Mr. Krishna Dev alongwith Advocates Yadav v. GOVT OF NCT OF DELHI ANR

Through: Mr. Sanjay Lao, Standing Counsel (criminal) for the State with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva, Advocates. SI Yashpal Singh, PS CWC Nanakpura. Mr. Mayank M. Mukherjee and Mr. Ujjwal Singh, Advocates for R-2 alongwith R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R 20.03.2025 This hearing has been done through hybrid mode. The present petition filed under Article 226 of the Constitution of India %

2. read with Section 528 of the BNSS (Section 482 of the CrPC) seeks quashing of FIR No. 24/2024, under Sections 498A/406/323/503 of the IPC, registered at P.S. Crime (Women) Cell, Nanakpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Abhilasha Singh, learned JMFC, Dwarka Courts, Delhi.

3. The marriage between petitioner/husband and respondent No.2/wife 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 27/03/2025 at 15:08:30 was solemnized on 23.11.2017 as per Hindu rites and ceremonies and one female child was born out of the said wedlock.

4. Due to matrimonial differences between petitioner and respondent No.2, the parties started residing separately since November 2023. Subsequently, respondent No.2/complainant registered an FIR against petitioner (husband).

5. On 28.11.2024, parties arrived at a settlement and as per the said settlement deed, petitioner/husband has agreed to pay an amount of Rs.21,00,00,000/- 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. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 04.02.2025, passed by Mr. Harish Kumar, Judge, Family Courts, Patiala House Courts, Delhi (Annexure C). Further, as per the settlement deed, the total amount of Rs. 21,00,00,000/- has already been paid to respondent No.2. As per the said settlement, custody of the minor child will be with the respondent No. 2 and the petitioner will have visitation rights as per the settlement agreement. The parties have also undertaken to abide by their obligations as agreed in the said settlement deed.

7. The matter was placed before the Joint Registrar who has recorded the statements of both the parties and passed the following order on 05.03.2025: - “Today, statement of respondent no. 2 has been recorded, wherein she has confirmed that the a demand draft handed over to her on the last date of hearing for a total sum of Rs. 1,00,00,000/- in form of demand draft bearing No. 132931 dated 21.02.2025 drawn on Axis Bank, Delhi stands duly realized in her favour and 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 27/03/2025 at 15:08:30 nothing else remains due in this case and she has no objection if FIR No. 0024/2024, Under Section 498- A/406/323/503 IPC, was registered at PS CAW Nanakpura, 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 25.02.2025. The compromise/MOU/Settlement dated 28.11.2024 entered into between the parties is on record which is on record as Annexure-B commencing at page no. 79. As per the settlement, Respondent no. 2 has now received the entire settlement amount of Rs. 31,00,00,00/- (Thirty One Crores only). Out of the total amount of Rs. 31,00,00,00/- received by Respondent no. 2, Rs. 21,00,00,00/- are towards her past present and future alimony and maintenance whatsoever including all her articles, stridhan etc. The remaining sum of Rs. 10,00,00,00/- is for the past present and future maintenance and all other expenses whatsoever including the school fees etc. of the minor child ‘S’ who is in her care and custody. Respondent no. 2 states that she has no objection whatsoever if FIR No. 0024/2024, Under Section 498- A/406/323/503 IPC, registered at PS CAW Nanakpura, Delhi, against the petitioners is quashed. Respondent no. 2 has also been granted divorce by Mutual consent in HMA No. 117/2025 vide divorce decree dated 04.02.2025 as Annexure C, Page No. 115. As per settlement, the custody of a minor child namely ‘S’ shall remain with Respondent no. 2 and petitioner no. 1 shall have the visitation rights as per the settlement in terms of para 2 of MOU which is Annexure – B but the petitioner no. 1 shall not claim custody of the minor child. It is agreed that the settlement is without prejudice to the rights and interest of the child. Respondent no. 2 states that she shall fully cooperate with regards to the visitation rights with the petitioner. 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 20th March, 2025 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 27/03/2025 at 15:08:30 alongwith the statements recorded today.”

8. Petitioner and complainant/respondent No. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Yashpal Singh, PS CWC Nanakpura.

9. The Complainant/respondent No.2 states that the matter has been settled with the petitioner and she has no objection if the FIR is quashed against the petitioner. She further states that all the terms of the settlement have been complied with.

10. In view of the settlement between the parties, learned Standing Counsel 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 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. 24/2024, under Sections 498A/406/323/503 of the IPC, registered at P.S. Crime (Women) Cell, Nanakpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Abhilasha Singh, learned JMFC, Dwarka 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 27/03/2025 at 15:08:30 Courts, Delhi.

13. In the interest of justice, the petition is allowed, and the FIR No. 24/2024, under Sections 498A/406/323/503 of the IPC, registered at P.S. Crime (Women) Cell, Nanakpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Abhilasha Singh, learned JMFC, Dwarka Courts, Delhi, is hereby quashed.

14. It is, however, directed that this order shall not come in the way of the minor child in claiming her rights of inheritance, maintenance, educational and marriage expenses, etc. against any of the parties.

15. Petition is allowed and disposed of accordingly.

16. Pending application(s), if any, also stand disposed of. MARCH 20, 2025/sn AMIT SHARMA, J Click here to check corrigendum, if any 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 27/03/2025 at 15:08:30

Through: Mr. Sanjay Lao, Standing Counsel (criminal) for the State with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva, Advocates. SI Yashpal Singh, PS CWC Nanakpura. Mr. Mayank M. Mukherjee and Mr. Ujjwal Singh, Advocates for R-2 alongwith R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R 20.03.2025 This hearing has been done through hybrid mode. The present petition filed under Article 226 of the Constitution of India %

2. read with Section 528 of the BNSS (Section 482 of the CrPC) seeks quashing of FIR No. 24/2024, under Sections 498A/406/323/503 of the IPC, registered at P.S. Crime (Women) Cell, Nanakpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Abhilasha Singh, learned JMFC, Dwarka Courts, Delhi.

3. The marriage between petitioner/husband and respondent No.2/wife 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 27/03/2025 at 15:08:30 was solemnized on 23.11.2017 as per Hindu rites and ceremonies and one female child was born out of the said wedlock.

4. Due to matrimonial differences between petitioner and respondent No.2, the parties started residing separately since November 2023. Subsequently, respondent No.2/complainant registered an FIR against petitioner (husband).

5. On 28.11.2024, parties arrived at a settlement and as per the said settlement deed, petitioner/husband has agreed to pay an amount of Rs.21,00,00,000/- 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. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 04.02.2025, passed by Mr. Harish Kumar, Judge, Family Courts, Patiala House Courts, Delhi (Annexure C). Further, as per the settlement deed, the total amount of Rs. 21,00,00,000/- has already been paid to respondent No.2. As per the said settlement, custody of the minor child will be with the respondent No. 2 and the petitioner will have visitation rights as per the settlement agreement. The parties have also undertaken to abide by their obligations as agreed in the said settlement deed.

7. The matter was placed before the Joint Registrar who has recorded the statements of both the parties and passed the following order on 05.03.2025: - “Today, statement of respondent no. 2 has been recorded, wherein she has confirmed that the a demand draft handed over to her on the last date of hearing for a total sum of Rs. 1,00,00,000/- in form of demand draft bearing No. 132931 dated 21.02.2025 drawn on Axis Bank, Delhi stands duly realized in her favour and 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 27/03/2025 at 15:08:30 nothing else remains due in this case and she has no objection if FIR No. 0024/2024, Under Section 498- A/406/323/503 IPC, was registered at PS CAW Nanakpura, 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 25.02.2025. The compromise/MOU/Settlement dated 28.11.2024 entered into between the parties is on record which is on record as Annexure-B commencing at page no. 79. As per the settlement, Respondent no. 2 has now received the entire settlement amount of Rs. 31,00,00,00/- (Thirty One Crores only). Out of the total amount of Rs. 31,00,00,00/- received by Respondent no. 2, Rs. 21,00,00,00/- are towards her past present and future alimony and maintenance whatsoever including all her articles, stridhan etc. The remaining sum of Rs. 10,00,00,00/- is for the past present and future maintenance and all other expenses whatsoever including the school fees etc. of the minor child ‘S’ who is in her care and custody. Respondent no. 2 states that she has no objection whatsoever if FIR No. 0024/2024, Under Section 498- A/406/323/503 IPC, registered at PS CAW Nanakpura, Delhi, against the petitioners is quashed. Respondent no. 2 has also been granted divorce by Mutual consent in HMA No. 117/2025 vide divorce decree dated 04.02.2025 as Annexure C, Page No. 115. As per settlement, the custody of a minor child namely ‘S’ shall remain with Respondent no. 2 and petitioner no. 1 shall have the visitation rights as per the settlement in terms of para 2 of MOU which is Annexure – B but the petitioner no. 1 shall not claim custody of the minor child. It is agreed that the settlement is without prejudice to the rights and interest of the child. Respondent no. 2 states that she shall fully cooperate with regards to the visitation rights with the petitioner. 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 20th March, 2025 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 27/03/2025 at 15:08:30 alongwith the statements recorded today.”

8. Petitioner and complainant/respondent No. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Yashpal Singh, PS CWC Nanakpura.

9. The Complainant/respondent No.2 states that the matter has been settled with the petitioner and she has no objection if the FIR is quashed against the petitioner. She further states that all the terms of the settlement have been complied with.

10. In view of the settlement between the parties, learned Standing Counsel 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 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. 24/2024, under Sections 498A/406/323/503 of the IPC, registered at P.S. Crime (Women) Cell, Nanakpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Abhilasha Singh, learned JMFC, Dwarka 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 27/03/2025 at 15:08:30 Courts, Delhi.

13. In the interest of justice, the petition is allowed, and the FIR No. 24/2024, under Sections 498A/406/323/503 of the IPC, registered at P.S. Crime (Women) Cell, Nanakpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Abhilasha Singh, learned JMFC, Dwarka Courts, Delhi, is hereby quashed.

14. It is, however, directed that this order shall not come in the way of the minor child in claiming her rights of inheritance, maintenance, educational and marriage expenses, etc. against any of the parties.

15. Petition is allowed and disposed of accordingly.

16. Pending application(s), if any, also stand disposed of. MARCH 20, 2025/sn AMIT SHARMA, J Click here to check corrigendum, if any 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 27/03/2025 at 15:08:30