Mr. Aryan Sachdeva, Ad vs Colony

Through: Mr. Sanjay Lao, Standing Counsel, Ms. Priyam Aggarwal, Mr. Abhinav Kumar Arya & Mr. Aryan Sachdeva, Advs. with SI Ravinder, PS Amar Colony R-2 in person with Mr. Nipun Gupta & Mr. Vansh Malhotra, Advs. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J.

1. This is a petition under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0367/2023, dated 17.08.2023, registered at P.S Amar Colony under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. W.P.(CRL) 1374/2025 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:29.05.2025 11:49:18

2. The marriage between Petitioner No.1 and Respondent No.2was solemnized on08.11.1997 as per Hindu rites and ceremonies at Delhi. One male child namely Ishan Shivansh Bangroo was born on

18.04.2000 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since December 2020. Thereafter, Respondent No.2 filed a petition under section 12 of the DV Act, civil suit bearing case no. CS DJ 795/23 and also lodged the aforesaid FIR against Petitioner No. 1 and his family members.

3. During the proceedings, the parties amicably resolved their disputes and executed a Compromise Deed dated 26.07.2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, Saket Courts allowed the mutual divorce petition on 28.01.2025, thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.48,50,000/- (Rupees Forty-Eight Lacs Fifty Thousand) as per the schedule mentioned in the Compromise Deed. The copy of Compromise Deed dated 26.07.2024has been placed on record as Annexure P-2. W.P.(CRL) 1374/2025 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:29.05.2025 11:49:18

4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “29.04.2025 Father in law namely Mr. Jawahar Lai Bangroo got expired and factum of death of said accused got duly verified by the IO.

1. The present non contentious petition has been filed by the Bhartiya Nagarik thepetitioners under Section 528 of SurakshaSanhita, 2023 for quashing of the FIR NO. 367/2023 Under Sections498A/406/34 OF IPC P.S. AMAR COLONY, DELHI on the basis ofsettlement arrived at between the parties.

2. As per the submissions, the matter between the petitioners andR- 2 has been amicably settled. Investigating officer stated that fatherin law, namely, Mr. Jawahar Lal Bangroo got expired and factum ofdeath of said accused got duly verified by Investigating Officer.

3. Vide separate statement recorded in this behalf, petitionersstated that dispute between them and R-2 has been amicably settled asper the settlement deed dated 26.07.2024. The settlement has beenarrived at between the parties herein without any force, coercion,undue influence and pressure. They have signed the settlement deedwith their wish and will. Vide separate statement recorded in thisbehalf, R-2 stated that dispute between R-2 and petitioners has beenamicably settled as per the settlement deed dated 26.07.2024. Thesettlement has been arrived at between the parties herein without anyforce, coercion, undue influence and pressure. The settlement deed hasbeen signed with wish and will.

4. Investigating Officer is present in Court and has duly verifiedthe identity InvestigatingOfficer has also been recorded. parties. Separate statement

5. The parties along with their counsels have confirmed that thesettlement deed has been duly entered into between them.

6. Learned counsel for State/APP enters appearance and acceptsnotice. He submits that in view of the statement recorded, let thematter be placed before the Hon'ble Court. W.P.(CRL) 1374/2025 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:29.05.2025 11:49:18

7. The compromise/settlement deed is in writing and has beenduly signed by both the parties. I have heard both the parties and fromthe direct dialogue with both the parties, it is observed that the consentof both the parties is found to be genuine and has not been obtainedunder undue influence or pressure.

8. In view of the above, matter be placed before the Hon'ble Courton 28.05.2025.

5. Petitioner No. 1 and respondent No. 2 are physically present before the Court with respective counsels while petitioner No. 2 has entered appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Ravinder, PS Amar Colony.

6. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and she has received the payment of the entire settlement amount of Rs.48,50,000/- (Rupees Forty-Eight Lacs Fifty Thousand) from the Petitioner No.1 as per the schedule mentioned in the Compromise Deed dated 26.07.2024. She further submits that she has no objection if the FIR No. 0367/2023 is quashed against the petitioners.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0367/2023 is quashed.

8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas recognized the need of amicable resolution of disputes by observing as under:- W.P.(CRL) 1374/2025 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:29.05.2025 11:49:18 "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."

9. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0367/2023, dated 17.08.2023, registered at P.S Amar Colony under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

10. In the interest of justice, the petition is allowed, and the FIR No. 0367/2023, dated 17.08.2023, registered at P.S Amar Colony under sections 498A/406/34 IPCand all the other consequential proceeding emanating therefrom is hereby quashed.

11. Petition is allowed and disposed of accordingly.

12. Pending application(s), if any, also stand disposed of. MAY 28, 2025/AK RAVINDER DUDEJA, J W.P.(CRL) 1374/2025 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:29.05.2025 11:49:18