Harsh Bora and Ms. Shivani Sehrawat, Advocates along with v. STATE NCT OF DELHI ANR

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 27/05/2025 at 11:37:45 $~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3430/2025 SUCHIT AHUJA .....Petitioner Through: Mr. Harsh Bora and Ms. Shivani Sehrawat, Advocates along with petitioner in person. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. SI Chetan, P.S. Paschim Vihar, West. Mr. Rohan Rai and Ms. Amisha ray, Advocates for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 23.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 15133/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 3430/2025 3. The present petition filed under Section 528 of the BNSS seeks quashing of FIR No. 579/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Paschim Vihar, West, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Anamika Singh, learned Judicial Magistrate First Class, 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 27/05/2025 at 11:37:45 West, Tis Hazari Courts, Delhi. 4. The marriage between petitioner and respondent no.2/wife was solemnized on 29.11.2012 as per Hindu rites and ceremonies. 5. No child was born out of the said wedlock. 6. Due to matrimonial differences between petitioner and respondent no. 2, the parties started residing separately from 15.11.2015. Subsequently, respondent no.2/complainant lodged an FIR against the petitioner. 7. On 13.01.2025, parties arrived at a settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi and as per the said settlement deed, petitioner has agreed to pay an amount of Rs. 16,50,000/- 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. 8. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 07.04.2025, passed by learned Principal Judge, Tis Hazari Courts, West District, Delhi. 9. Petitioner and complainant/respondent no. 2 appear through video conferencing present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Chetan, P.S. Paschim Vihar, West. 10. 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 16.05.2025: 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. 579/2019 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Paschim Vihar on the basis of settlement arrived at between the parties. 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 27/05/2025 at 11:37:45

2. As per the submissions, the matter between the petitioner and R-2 has been amicably settled. Learned counsel for petitioner submits that the other accused i.e. Sh. Satish Ahuja and Ms. Neelam Ahuja got expired and proceedings qua them have been abated. 3. Vide separate statement recorded in this behalf, petitioner stated that dispute between him and R-2 has been amicably settled as per the settlement deed dated 13.01.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. He has signed the settlement deed with his wish and will. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioner has been amicably settled as per the settlement deed dated 13.01.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. The settlement deed has been signed with wish and will. 4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Separate statement of Investigating Officer has also been recorded. 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 23.05.2025.” 11. The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with. 12. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 13. 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 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 27/05/2025 at 11:37:45 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 proceeding.” 14. 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. 579/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Paschim Vihar, West, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Anamika Singh, learned Judicial Magistrate First Class, West, Tis Hazari Courts, Delhi. 15. In the interest of justice, the petition is allowed, and the FIR No. 579/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Paschim Vihar, West, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Anamika Singh, learned Judicial Magistrate First Class, West, Tis Hazari Courts, Delhi, is hereby quashed. 16. Petition is allowed and disposed of accordingly. 17. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 23, 2025/bsr/pr Click here to check corrigendum, if any