MANMEET SINGH & ORS. vs STATE GOVT OF NCT OF DELHI & ANR.

Through: Mr. Yakshay Auluck, Adv. Petitioner nos.1 and 4 in person. Petitioner nos.2 and 3 through VC. versus STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Ajay Vikram Singh, APP for the State. SI Rohit, P.S. Rajouri Garden. Mr. Chetan Kaushik & Mr. Kailash Sharma, Advs. for R-2. R-2 through VC. 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. 0196/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Akansha Gautam, learned Judicial Magistrate First Class, Mahila Court, West District, Tis Hazari Courts, New Delhi.

3. The marriage between the petitioner no.1/husband and respondent no.2/wife was solemnized on 03.07.2021 as per Hindu Rites and Customs.

4. No 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 12:39:42

5. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 26.04.2023. Subsequently, respondent no.2/complainant lodged a complaint against petitioner no. 1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother- in- law) and petitioner no.4 (brother-in-law).

6. Petitioners no.1 and 4 are present before this Court and petitioner no.2 and 3 and complainant/respondent no. 2 are appearing through video conferencing and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Rohit, P.S. Rajouri Garden.

7. Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR and all other consequential proceedings emanating therefrom including the chargesheet are quashed. She further states that all the terms of the settlement dated

20.11.2024 have been complied with. An affidavit dated 27.02.2025 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.

8. 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: - “1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 196/2024 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Rajouri Garden on the basis of settlement arrived at between the parties. 2. As per the submissions, the matter between the petitioners and R-2 has been amicably settled. Learned counsel for Petitioners submits that P-2 and 3 are present through virtual mode. 3. Vide separate statement recorded in this behalf, P-1 and 4 stated 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 12:39:42 that dispute between them and R-2 has been amicably settled as per the settlement deed dated 20.11.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. They have signed the settlement deed with their wish and will. P-2 and 3 who are appearing through virtual mode stated that they have amicably settled the matter with R-2 Vide separate statement recorded in this behalf", R-2 stated that dispute between her and petitioners has been amicably settled as per the settlement deed dated 20.11.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. She has signed the settlement deed with her wish and will. 4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Vide separate statement recorded in this behalf. Investigating Officer stated that the charge sheet has been filed in the present matter. He identified the prosecturix/victim/R-2. He has also identified the petitioners who are accused in the present matter. He has also verified the settlement deed executed between the parties. 5. The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them. 6. Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon'ble Court. 7. The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure. 8. In view of the above, matter be placed before the Hon'ble Court on 08.04.2025.”

9. 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.

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 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 12:39:42 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 with the present FIR No. 0196/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Akansha Gautam, learned Judicial Magistrate First Class, Mahila Court, West District, Tis Hazari Courts, New Delhi.

12. In the interest of justice, the petition is allowed and the FIR No. 0196/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Akansha Gautam, learned Judicial Magistrate First Class, Mahila Court, West District, Tis Hazari Courts, New Delhi, are hereby quashed.

13. Petition is allowed and disposed of accordingly.

14. 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 12:39:42