Mr. Varun Ahlawat, Adv. with v. STATE

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1576/2025 AMAN & ORS. .....Petitioners Through: Mr. Varun Ahlawat, Adv. with petitioners in person. versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar & Mr. Aryan Sachdeva, Advs. SI Vijay Pal Singh, P.S. Sadar Bazar. Mr. Mohd. Ahmed, Adv. for Respondent No. 2 with Respondent No. 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. 14717/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. W.P.(CRL) 1576/2025 3. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 482 of the Cr.P.C. seeks quashing of the FIR No. 320/2023 under Sections 498A/406/506/34 of the IPC, registered at P.S. Sadar Bazar. 4. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 06.11.2019 as per Muslim Rites and Customs 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 02/07/2025 at 00:56:09 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 March, 2020. Subsequently, on 02.11.2020, the respondent no.2/complainant lodged an FIR against petitioner no. 1 (husband), petitioner no. 2 (mother-in-law), petitioner no. 3 (sister-in-law) and petitioner no.4 (sister-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 21.01.2025 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi, and in pursuance of which respondent no. 2 has no objection, if the present FIR is quashed. 7. Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer Sub Inspector Vijay Pal Singh, P.S. Sadar Bazar. 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 reeorded to aseertain the veracity and the genuineness of the parties entering into settlement. Respondent no.2 has been identified by the 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 is as under:- “1. I am the Respondent no. 2 in the present matter. I registered FIR No. 320/2023, under Section 498-A/406/506/34, at P.S. Sadar Bazaar, Delhi. Now, I have voluntarily without any pressure or coercion from anyone settled all my issues and disputes with all the petitioners and out 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 02/07/2025 at 00:56:09 of my free will entered into mediation settlement dated 21.01.2025. The mediation settlement is on record as annexure P-2 from page 39 onwards bearing my signatures. 2. Pursuant to the settlement, today I have received a demand draft bearing no. 358350, dated 23.04.2025 for a sum of Rs. 55,000/-, drawn on Ganara Bank, outside the Court today. Subject to realization of this demand draft, I will receive the entire settlement amount of Rs. 1,75,000/- as per settlement and nothing will remain due. 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 1 shall not claim anything in this regards in future by way of any litigation. 3. There is no child born out of the wedlock. 4. 1 have already obtained divorce from petitioner no. 1 with Mutual consent as per Muslim personal Law. The divorce deed by mutual consent bearing my signatures and thumb impressions is on record as Annexure P-4 at page 44 onwards. 5. 1 do not wish to pursue the present FIR bearing no. 320/2023, under Section 498-A/406/506/34, registered at P.S. Sadar Bazaar, Delhi therefore, the same be quashed along with all proeeedings emanating therefrom. I have no objection if the said FIR is quashed. 6. My no objection affidavit is on record at page no. 28 onwards of the petition bearing my signatures. I undertake not to institute any other civil or criminal proceedings against the petitioners relating to fact and circumstances for which the abovesaid FIR was registered. 7. There is no ease pending between the parties. I undertake to .withdraw any other ease if any. 8. I shall be bound by my statement as stated above.” 10. Learned Standing Counsel (Crl.) for the State submits that investigation in the present FIR is pending and chargesheet is yet to be filed. In view of the settlement between the parties, learned Standing Counsel for the State also has no objection if the present FIR is 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 02/07/2025 at 00:56:09 “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. 320/2023 under Sections 498A/406/506/34 of the IPC, registered at P.S. Sadar Bazar. 13. In the interest of justice, the petition is allowed, and the FIR No. 320/2023 under Sections 498A/406/506/34 of the IPC, registered at P.S. Sadar Bazar is 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

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1576/2025 AMAN & ORS. .....Petitioners Through: Mr. Varun Ahlawat, Adv. with petitioners in person. versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar & Mr. Aryan Sachdeva, Advs. SI Vijay Pal Singh, P.S. Sadar Bazar. Mr. Mohd. Ahmed, Adv. for Respondent No. 2 with Respondent No. 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. 14717/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. W.P.(CRL) 1576/2025 3. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 482 of the Cr.P.C. seeks quashing of the FIR No. 320/2023 under Sections 498A/406/506/34 of the IPC, registered at P.S. Sadar Bazar. 4. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 06.11.2019 as per Muslim Rites and Customs 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 02/07/2025 at 00:56:09 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 March, 2020. Subsequently, on 02.11.2020, the respondent no.2/complainant lodged an FIR against petitioner no. 1 (husband), petitioner no. 2 (mother-in-law), petitioner no. 3 (sister-in-law) and petitioner no.4 (sister-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 21.01.2025 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi, and in pursuance of which respondent no. 2 has no objection, if the present FIR is quashed. 7. Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer Sub Inspector Vijay Pal Singh, P.S. Sadar Bazar. 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 reeorded to aseertain the veracity and the genuineness of the parties entering into settlement. Respondent no.2 has been identified by the 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 is as under:- “1. I am the Respondent no. 2 in the present matter. I registered FIR No. 320/2023, under Section 498-A/406/506/34, at P.S. Sadar Bazaar, Delhi. Now, I have voluntarily without any pressure or coercion from anyone settled all my issues and disputes with all the petitioners and out 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 02/07/2025 at 00:56:09 of my free will entered into mediation settlement dated 21.01.2025. The mediation settlement is on record as annexure P-2 from page 39 onwards bearing my signatures. 2. Pursuant to the settlement, today I have received a demand draft bearing no. 358350, dated 23.04.2025 for a sum of Rs. 55,000/-, drawn on Ganara Bank, outside the Court today. Subject to realization of this demand draft, I will receive the entire settlement amount of Rs. 1,75,000/- as per settlement and nothing will remain due. 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 1 shall not claim anything in this regards in future by way of any litigation. 3. There is no child born out of the wedlock. 4. 1 have already obtained divorce from petitioner no. 1 with Mutual consent as per Muslim personal Law. The divorce deed by mutual consent bearing my signatures and thumb impressions is on record as Annexure P-4 at page 44 onwards. 5. 1 do not wish to pursue the present FIR bearing no. 320/2023, under Section 498-A/406/506/34, registered at P.S. Sadar Bazaar, Delhi therefore, the same be quashed along with all proeeedings emanating therefrom. I have no objection if the said FIR is quashed. 6. My no objection affidavit is on record at page no. 28 onwards of the petition bearing my signatures. I undertake not to institute any other civil or criminal proceedings against the petitioners relating to fact and circumstances for which the abovesaid FIR was registered. 7. There is no ease pending between the parties. I undertake to .withdraw any other ease if any. 8. I shall be bound by my statement as stated above.” 10. Learned Standing Counsel (Crl.) for the State submits that investigation in the present FIR is pending and chargesheet is yet to be filed. In view of the settlement between the parties, learned Standing Counsel for the State also has no objection if the present FIR is 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 02/07/2025 at 00:56:09 “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. 320/2023 under Sections 498A/406/506/34 of the IPC, registered at P.S. Sadar Bazar. 13. In the interest of justice, the petition is allowed, and the FIR No. 320/2023 under Sections 498A/406/506/34 of the IPC, registered at P.S. Sadar Bazar is 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