High Court · 2025

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 19/05/2025 at 12:21:27 $~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2136/2025 MAHINDER PAL SINGH & ORS. .....Petitioners Through: Mr. Manish Kapoor, Adv. along with petitioner no. 1 in person and petitioner no. 2 to 4 through VC. versus STATE OF NCT DELHI & ANR. .....Respondents Through: Mr. Raj Kumar, APP for the State. ASI Balwan. SI Parveen Kumar, PS Moti Nagar. Mr. Pankaj Arya and Ms. Juhi, Advs. For R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 14.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 of the Cr.P.C. seeks quashing of FIR No. 662/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Moti Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Deepika Goyal Shokeen, learned JMFC, Mahila Court-03, West District, Tis Hazari Courts, Delhi. 3. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 06.04.2017 as per Sikh Rites and Customs and on 04.07.2018 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 19/05/2025 at 12:21:27

4. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 15.10.2019. Subsequently, respondent no.2/complainant lodged an FIR against the petitioner no. 1 (husband), petitioner no. 2 (mother-in-law), petitioner no. 3 (brother-in-law) and petitioner no. 4 (sister-in-law). 5. On 21.03.2023, the parties arrived at a settlement and as per the said settlement deed (Annexure A-2), the petitioner no.1 has agreed to pay an amount of Rs. 4,00,000/- 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 12.04.2024, passed by Mr. Arun Sukhija, learned Judge, Family Courts, West District, Tis Hazari, Courts, Delhi, (Annexure A-3). Further, as per the settlement deed, an amount of Rs. 4.00,000/- has already been paid to respondent no.2/wife. As per the said decree of divorce, the custody of the minor child will be with the respondent no. 2/wife and the petitioner no. 1/husband will have no visitation rights. 7. Petitioner no. 1 is present in person and the complainant/respondent no. 2 are present before the Court and petitioners no. 2 to 4 have appeared through Video Conferencing. The parties have been duly identified by their respective counsel, as well as the Investigating Officer, SI Parveen Kumar, P.S. Moti Nagar. 8. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order dated 05.05.2025: “Ld. Counsel for Respondent no. 2 through VC & Respondent no. 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 19/05/2025 at 12:21:27 2 appeared in person and submits that the demand draft for a sum of Rs. 2,00,000/- bearing no. 616211 drawn on Punjab & Sind Bank, dated 28.02.2025 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. 662/2020, Under Section 498- A/406/34 IPG, registered at PS Moti Nagar, 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 28.03.2025. Let the pre-verified statement along with this order be placed before the Hon’ble Court on 14th May, 2025.” 9. Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. She further states that all the terms of the settlement have been complied with. 10. In view of the settlement between the parties, learned APP 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, 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 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 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 19/05/2025 at 12:21:27 with the present FIR and all other consequential proceedings emanating therefrom. 13. In the interest of justice, the petition is allowed, and the FIR No. 662/2020, under Sections 498A/406/34 IPC, registered at PS Moti Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Deepika Goyal Shokeen, learned JMFC, Mahila Court- 03, West District, Tis Hazari 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. 17. Copy of the order be communicated to the concerned learned Trial Court for necessary information and compliance. AMIT SHARMA, J MAY 14, 2025/kr/sc Click here to check corrigendum, if any