✦ High Court of India · 28 May 2025

Mr. Sanjeev Kumar and Ms. Bhasha Jha, Advocates alongwith v. STATE NCT OF DELHI ANR

Case Details High Court of India · 28 May 2025

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1683/2025& CRL.M.A. 7575/2025 DEEPAK SHARAWAT @ DEEPAK SEHRAWAT & ORS. .....Petitioners Through: Mr. Sanjeev Kumar and Ms. Bhasha Jha, Advocates alongwith petitioners in person. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State. SI Lokendra Singh, PS Malviya Nagar. Mr. Sanjeev Kr. Baliyan and Mr. Nirbhay Sharma, Advocates for R-2 alongwith R-2 in person. 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 filed under Section 528 of the BNSS (Section 482 of the Cr.P.C.) seeks quashing of FIR No. 445/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vikramjeet Kaur, learned JMFC, South District, Saket Courts, Delhi. 3. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 27.02.2019 as per Hindu rites and ceremonies. 4. No child was born out of the said wedlock. 5. Due to matrimonial differences between petitioner no. 1 and respondent 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 14:59:28 no. 2, the parties started residing separately from 11.04.2021. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother-in-law). 6. On 19.09.2024, parties arrived at a settlement before the Mediation Centre, Saket Courts, New Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 11,00,000/- 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. The copy of the aforesaid settlement deed dated 19.09.2024 is on record (Annexure C). 7. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 10.01.2025, passed by Nisha Saxena, Principal Judge, Family Court (South), Saket Courts, Delhi (Annexure E). 8. The matter was listed before the learned Joint Registrar (Judicial) on 21.04.2025, wherein statement of Respondent no. 2 was recorded and the same is reproduced as under:- “I am the Respondent no. 2 in the present petition. At my instance, FIR No. 445/2022, Under Section 498-A/406/34 IPC, was registered at PS Malviya Nagar, Delhi. The charge sheet has been filed against the petitioners. Now, I have voluntarily and without any pressure or coercion from anyone and after obtaining due legal advice settled all my issues and disputes with the petitioners and out of my free will have entered into Mediation Settlement dated 19.09.2024 with all the petitioners before Mediation Centre Saket Courts, in C1 Case No. 4496/2023 titled as State Vs. Deepak Sehrawat, which is on record as Annexure - C at page 61-65 bearing my signatures. As per the settlement, I have already received a sum of Rs. 6,00,000/- as well as today I have received a demand draft for a sum of Rs. 5,00,000/- bearing no. 239942, drawn on State Bank of India, dated 07.03.2025 today in the court. Subject to realization of the demand draft handed over today, I will receive the total settlement amount of Rs. 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 14:59:28 11,00,000/- and subject to the honour of demand draft handed over today, I have no objections, if the FIR No. 445/2022, Under Section 498-A/406/34 IPC, registered at PS Malviya Nagar, Delhi and all proceedings emanating there from are quashed against all the petitioners. This settlement amount is towards settlement of all my articles and Stridhan as well as towards my alimony and maintenance past, present and future whatsoever and I shall not claim anything in this regards in future by way of any litigation. I shall abide by all the terms of the settlement and fully cooperate in quashing of the present FIR. There is no child born out the wedlock. I have already withdrawn all other eases instituted by me against the petitioner. I further undertake to withdraw any other case, if any remaining. I have already obtained divorce by mutual consent from petitioner no. 1 in HMA No. 22/2025 vide decree dated 10.01.2025 from the Court of Ld. Principal Judge, Family Court, South District, Saket, Delhi. The decree sheet is on record at page 70 onwards. Now, I have no objection whatsoever if the present FIR against the petitioners is quashed and I shall fully cooperate in quashing of the presentFIR and raise no claim in future through any civil or criminal litigation with regards to the incident relating to the present FIR. I have also given my affidavit in support of the present petition which is at page no. 77-80 of the petition bearing my signatures. This is my true statement being made voluntarily in the presence of my counsel, IO& My father. I fully understand the consequences of making this statement. This statement has been signed by me in the presence of my counsel, IO & My father after the same has been read over to me in Hindi.” 9. Petitioners 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 Lokendra Singh, PS Malviya Nagar. 10. 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. She further states that all the terms of the agreement have been complied with. 11. 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 31/05/2025 at 14:59:28 also has no objection if the present FIR is quashed. 12. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the 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 proceeding.” 13. 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. 445/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vikramjeet Kaur, learned JMFC, South District, Saket Courts, Delhi. 14. In the interest of justice, the petition is allowed, and the FIR No. 445/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vikramjeet Kaur, learned JMFC, South District, Saket Courts, Delhi, is hereby quashed. 15. Petition is allowed and disposed of accordingly. 16. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 28, 2025/sn/pr Click here to check corrigendum, if any

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1683/2025& CRL.M.A. 7575/2025 DEEPAK SHARAWAT @ DEEPAK SEHRAWAT & ORS. .....Petitioners Through: Mr. Sanjeev Kumar and Ms. Bhasha Jha, Advocates alongwith petitioners in person. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State. SI Lokendra Singh, PS Malviya Nagar. Mr. Sanjeev Kr. Baliyan and Mr. Nirbhay Sharma, Advocates for R-2 alongwith R-2 in person. 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 filed under Section 528 of the BNSS (Section 482 of the Cr.P.C.) seeks quashing of FIR No. 445/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vikramjeet Kaur, learned JMFC, South District, Saket Courts, Delhi. 3. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 27.02.2019 as per Hindu rites and ceremonies. 4. No child was born out of the said wedlock. 5. Due to matrimonial differences between petitioner no. 1 and respondent 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 14:59:28 no. 2, the parties started residing separately from 11.04.2021. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother-in-law). 6. On 19.09.2024, parties arrived at a settlement before the Mediation Centre, Saket Courts, New Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 11,00,000/- 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. The copy of the aforesaid settlement deed dated 19.09.2024 is on record (Annexure C). 7. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 10.01.2025, passed by Nisha Saxena, Principal Judge, Family Court (South), Saket Courts, Delhi (Annexure E). 8. The matter was listed before the learned Joint Registrar (Judicial) on 21.04.2025, wherein statement of Respondent no. 2 was recorded and the same is reproduced as under:- “I am the Respondent no. 2 in the present petition. At my instance, FIR No. 445/2022, Under Section 498-A/406/34 IPC, was registered at PS Malviya Nagar, Delhi. The charge sheet has been filed against the petitioners. Now, I have voluntarily and without any pressure or coercion from anyone and after obtaining due legal advice settled all my issues and disputes with the petitioners and out of my free will have entered into Mediation Settlement dated 19.09.2024 with all the petitioners before Mediation Centre Saket Courts, in C1 Case No. 4496/2023 titled as State Vs. Deepak Sehrawat, which is on record as Annexure - C at page 61-65 bearing my signatures. As per the settlement, I have already received a sum of Rs. 6,00,000/- as well as today I have received a demand draft for a sum of Rs. 5,00,000/- bearing no. 239942, drawn on State Bank of India, dated 07.03.2025 today in the court. Subject to realization of the demand draft handed over today, I will receive the total settlement amount of Rs. 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 14:59:28 11,00,000/- and subject to the honour of demand draft handed over today, I have no objections, if the FIR No. 445/2022, Under Section 498-A/406/34 IPC, registered at PS Malviya Nagar, Delhi and all proceedings emanating there from are quashed against all the petitioners. This settlement amount is towards settlement of all my articles and Stridhan as well as towards my alimony and maintenance past, present and future whatsoever and I shall not claim anything in this regards in future by way of any litigation. I shall abide by all the terms of the settlement and fully cooperate in quashing of the present FIR. There is no child born out the wedlock. I have already withdrawn all other eases instituted by me against the petitioner. I further undertake to withdraw any other case, if any remaining. I have already obtained divorce by mutual consent from petitioner no. 1 in HMA No. 22/2025 vide decree dated 10.01.2025 from the Court of Ld. Principal Judge, Family Court, South District, Saket, Delhi. The decree sheet is on record at page 70 onwards. Now, I have no objection whatsoever if the present FIR against the petitioners is quashed and I shall fully cooperate in quashing of the presentFIR and raise no claim in future through any civil or criminal litigation with regards to the incident relating to the present FIR. I have also given my affidavit in support of the present petition which is at page no. 77-80 of the petition bearing my signatures. This is my true statement being made voluntarily in the presence of my counsel, IO& My father. I fully understand the consequences of making this statement. This statement has been signed by me in the presence of my counsel, IO & My father after the same has been read over to me in Hindi.” 9. Petitioners 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 Lokendra Singh, PS Malviya Nagar. 10. 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. She further states that all the terms of the agreement have been complied with. 11. 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 31/05/2025 at 14:59:28 also has no objection if the present FIR is quashed. 12. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the 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 proceeding.” 13. 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. 445/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vikramjeet Kaur, learned JMFC, South District, Saket Courts, Delhi. 14. In the interest of justice, the petition is allowed, and the FIR No. 445/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vikramjeet Kaur, learned JMFC, South District, Saket Courts, Delhi, is hereby quashed. 15. Petition is allowed and disposed of accordingly. 16. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 28, 2025/sn/pr Click here to check corrigendum, if any

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