Mr. G.S. Narula, Mr. Vijender Singh, Advs v. THE STATE NCT OF DELHI AND ANR

Through: Mr. Ajay Vikram Singh, APP for the State. SI Vinod Bhati, P.S. Mehrauli. Mr.Sachin Verma Adv. For respondent no. 2 with R-2 (through VC). CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R 07.04.2025 This hearing has been done through hybrid mode. The present petition under Section 528 of the BNSS (Section 482 of the % 1.

2. Cr.P.C.) has been filed seeking quashing of FIR No. 483/2021, under Sections 498A/406/34 of the IPC, registered at P.S. Mehrauli and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Vineerjeet Kaur, learned Judicial Magistrate First Class, Mahila Court/SD, Saket Courts Complex, New Delhi.

3. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 16.12.2011 as per Hindu Rites and Customs and one male 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 15/04/2025 at 15:43:38

4. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately since 18.03.2020. Subsequently, 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) and petitioner no.4 (sister-in-law).

5. Petitioners and complainant/respondent no. 2 are present before this Court and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Vinod Bhati, P.S. Mehrauli.

6. The 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 24.10.2024 have been complied with.

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 27.03.2025: - “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. 483/2021, Under Section 498-A/406/34 IPG, registered at PS Mehrauli, Delhi and charge sheet has been filed against the petitioner. Respondent no. 2 states that she has voluntarily without any pressure or coercion from anyone and with the intervention of friends and colleagues and after obtaining due legal advice entered into MOU/settlement deed executed on 24.10.2024 with the petitioners and have settled all her issues, disputes and grievances. The MOU is on record as Annexure B at page 46 bearing her signatures. As per the settlement, Respondent no. 2 has already received a sum of Rs. 18,88,737/- as well as today Respondent no. 2 has received a sum of Rs. 8,10,274/- via online transfer through ICICI Bank vide transfer ID 50100128223252. Respondent no. 2 has 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 15/04/2025 at 15:43:38 received the total settlement amount of Rs. 26,98,985/-, Respondent no. 2 has no objections, if the FIR No. 483/2021, Under Section 498- A/406/34 IPC, registered at PS Mehrauli, Delhi and all proceedings emanating there from are quashed against the petitioners. This settlement amount is towards her entire alimony and maintenance whatsoever for past, present and future, as well as towards all her articles and stridhan whatsoever. 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. 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 from petitioner no. 1 in HMA No. 2192/2024. The divorce decree dated 23.12.2024 is on record as Annexure D at page 62. As per settlement, the custody of minor child namely Japansh (aged about 11 years) shall remain with Respondent no. 2 without any visitation rights to the petitioner or any of her family members or relatives. The settlement amount received by Respondent no. 2 includes the maintenance for the child. However, the settlement arrived at between the parties is without prejudice to the rights and interests of minor child. 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. 67 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 07th April, 2025 alongwith the statements recorded today.”

8. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR and the consequential proceedings emanating therefrom including the chargesheet are quashed. 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 15/04/2025 at 15:43:38

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. 483/2021, under Sections 498A/406/34 of the IPC, registered at P.S. Mehrauli and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Vineerjeet Kaur, learned Judicial Magistrate First Class, Mahila Court/SD, Saket Courts Complex, New Delhi.

11. In the interest of justice, the petition is allowed and the FIR No. 483/2021, under Sections 498A/406/34 of the IPC, registered at P.S. Mehrauli and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Vineerjeet Kaur, learned Judicial Magistrate First Class, Mahila Court/SD, Saket Courts Complex, New Delhi, are hereby quashed.

12. It is however directed that this order shall not come in the way of the minor child in claiming his rights of inheritance, maintenance, educational & 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 15/04/2025 at 15:43:38 marriage expenses, etc. against any of the parties.

13. Petition is allowed and disposed of accordingly.

14. Pending application(s), if any, also stands disposed of. APRIL 7, 2025/nk/pr 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 15/04/2025 at 15:43:38