Mr. Rajeev Garg, Mr. Abhishek Tomar, Advs. with v. STATE GOVT. OF NCT OF DELHI AND ANR

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3344/2025 SANJAY KUMAR & ORS. .....Petitioners Through: Mr. Rajeev Garg, Mr. Abhishek Tomar, Advs. with petitioners in person. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. SI Sunder Singh, P.S. Nangloi & ASI Bal Kishan, Special Staff. Mr. Manish Tanwar & Mr. Abhinav Sharma, Advs. for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 27.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 14733/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 3344/2025 3. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 482 of the Cr.P.C.) seeks quashing of FIR No. 432/2022 under Sections 498A/406/34 of the IPC, registered at P.S. Nangloi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Deepika Goyal Shokeen, learned Judicial Magistrate First Class, Mahila Court-03, Tis Hazari Courts, Delhi. 4. The marriage between the petitioner no.1/husband and the 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 30/05/2025 at 13:15:11 no.2/wife was solemnized on 30.11.2020 as per Hindu Rites and Customs and no child was born out of the said wedlock. 5. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties resided separately from 10.06.2021. Subsequently, respondent no.2/complainant lodged an FIR against the petitioner no. 1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother-in-law). 6. Learned counsel appearing on behalf of the petitioners submits that during the pendency of the proceedings, the latter has settled the matter with respondent no. 2 vide Settlement dated 27.04.2024 before the Counselling Cell, Family Court, Tis Hazari, Delhi and, in pursuance of which respondent no. 2/wife has no objection, if the present FIR and the subsequent chargesheet are quashed. 7. Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer Sub Inspector Sunder Singh, P.S. Nangloi. 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 13.05.2025:- “Today, statement of respondent no.2 has been recorded to ascertain the veracity and the genuineness of the paities entering into settlement. Respondent no.2 has been identified by the learned counsel and 10. Let the pre-verified statement along with this order be placed before the Hon’ble Court on 27th May, 2025. 9. A separate statement of respondent no.2 has been recorded which reads as under:- 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 30/05/2025 at 13:15:11 “1. I am respondent no. 2 in the present petition. I registered FIR No. 432/2022, Under Section 498-A/406/34 IPC, at PS Nangloi, Delhi against the petitioners. The charge sheet has been filed against the petitioners. The case is at the stage of consideration on charge. 2. Now, I have voluntarily and without any pressure or coercion from anyone and with the intervention of friends, family members and well wishers settled all our issues and disputes with all the petitioners; and out of my free will have entered into settlement with the petitioners in counselling Cell before the Court of Ld. Judge Family Court, West District, Tis Hazari Courts, Delhi. The settlement dated 27.04.2024 is on record as Annexure P-2 at page no. 55 onwards bearing my signatures. 3. As per the settlement, I have already received the part settlement sum of Rs. 4,50,000/-. And today I have received Demand Draft for a sum of Rs. 2,50,000/- bearing no. 126353 dated 02.05.2025 drawn on Punjab National Bank. Subject to honour of this DD nothing else will remain due whatsoever. 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. 4. I have already obtained divorce from petitioner no. 1. The decree sheet is on record as annexure P-3 at page 62 onwards. 5. There is no child born out of the wedlock. 6. My affidavit of NOC for quashing of abovesaid FIR is on record at page 64 onwards bearing my signatures. I have no objection if above mentioned FIR and all proceedings emanating therefrom are quashed qua all the petitioners. 7. This is my true statement being made voluntarily in the presence of my counsel 8c 10. I have signed this statement after the same has been read over to me in Hindi and I have understood it.” 10. 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 arising therefrom including the chargesheet are quashed. 11. In Gian Singh vs. 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:- 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 30/05/2025 at 13:15:11 “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.” 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 with the present FIR No. 432/2022 under Sections 498A/406/34 of the IPC, registered at P.S. Nangloi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of competent jurisdiction. 13. In the interest of justice, the petition is allowed, and the FIR No. 432/2022 under Sections 498A/406/34 of the IPC, registered at P.S. Nangloi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Deepika Goyal Shokeen, learned Judicial Magistrate First Class, Mahila Court-03, Tis Hazari Courts, Delhi, are hereby quashed, 14. Petition is allowed and disposed of accordingly. 15. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J MAY 27, 2025/nk/sc Click here to check corrigendum, if any