Counsel appearance not given v. THE STATE N.C.T. GOVT OF DELHI AND ANR

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3593/2025& CRL.M.A. 15821-22/2025 SH. GURJEET SINGH AND ORS .....Petitioners Through: Counsel appearance not given. Petitioners in person. versus THE STATE N.C.T. GOVT OF DELHI AND ANR.....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. SI Rishi Kumar, PS Geeta Colony. Mr. Narendra Arora, Advocate for R-2 (through VC). R-2 through VC. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition filed under Section 528 of the BNSS (Section 482 of the Cr.P.C.) seeks quashing of FIR No. 154/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Geeta Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Rishika Srivastava, learned JMFC, Mahila Courts, East District, Karkardooma Courts, Delhi. 3. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 07.05.2023 as per Hindu rites and ceremonies. 4. No child was born out of the said wedlock. 5. Due to matrimonial differences between petitioner no. 1 and 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 31/05/2025 at 14:59:26 no. 2, the parties started residing separately from 23.10.2023. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (mother-in-law) and petitioner no. 3 (sister-in-law). 6. On 06.02.2025, parties arrived at a settlement before Family court East District, Karkardooma Courts, Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 4,50,000/- 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. The copy of the aforesaid settlement deed dated 06.02.2025 is on record (Annexure P-2). 7. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 22.04.2025, passed by Ravinder Singh-01, Judge, Family Courts (East), Karkardooma Courts, Delhi (Annexure P-3). 8. The matter was listed before the learned Joint Registrar (Judicial) on 21.05.2025, wherein statement of Respondent no. 2 was recorded and the same is reproduced as under:- “1. I am respondent no. 2 in the present petition. I registered FIR No. 154/2024, Under Section 498-A/406/34 IPC, at PS Geeta Colony, Delhi against the petitioners. The charge sheet has been filed against the petitioners till date. The case is at the stage of cognizance/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 Respondent no. 2; and out of my free will have entered into settlement with the Respondent no. 2 in counselling Cell, East District, Karkardooma Courts, Delhi. The settlement dated 06.02.2025 is on record as Annexure P-2 at page no. 32 onwards bearing my signatures. 3. As per the settlement, I have already received a sum of Rs. 2,00,000/- as well as today I have received a demand draft for a sum of Rs. 2,50,000/- bearing no. 165205, drawn on State Bank of India, dated 19.05.2025 today in the court. Subject to realization of the demand draft 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 31/05/2025 at 14:59:26 handed over today, I will receive the total settlement amount of Rs. 4,50,000/- and subject to the honour of demand draft handed over today, I have no objections, if the FIR No. 154/2024, Under Section 498-A/406/34 IPG, at PS Geeta Colony, Delhi and all proceedings emanating there from are quashed against all the petitioners. 4. 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. I undertake to remain bound in terms of the settlement. 5. There is no child born out of the wedlock. 6. I have already obtained divorce from petitioner no. 1 in HMA no. 384/2025. The decree sheet is on record as Annexure P-3 at page 43 onwards. I undertake to appear before Hon'ble court on the next date of hearing and co-operate in quashing of the petition. 7. My affidavit of NOC for quashing of abovesaid FIR is on record at page 17 onwards bearing my signatures. I have no objection if above mentioned FIR and all proceedings emanating therefrom are quashed qua all the petitioners. 8. This is my true statement being made voluntarily in the presence of my counsel & IO. I have signed this statement after the same has been read over to me in Hindi and I have understood it.” 9. Petitioners are present before the Court and complainant/respondent no. 2 is present through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Rishi Kumar, PS Geeta Colony. 10. 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. 11. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 12. 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:- 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 31/05/2025 at 14:59:26 “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.” 13. 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. 154/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Geeta Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Rishika Srivastava, learned JMFC, Mahila Courts, East District, Karkardooma Courts, Delhi. 14. In the interest of justice, the petition is allowed, and the FIR No. 154/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Geeta Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Rishika Srivastava, learned JMFC, Mahila Courts, East District, Karkardooma Courts, Delhi, is hereby quashed. 15. Petition is allowed and disposed of accordingly. 16. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 28, 2025/sn/pr Click here to check corrigendum, if any

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3593/2025& CRL.M.A. 15821-22/2025 SH. GURJEET SINGH AND ORS .....Petitioners Through: Counsel appearance not given. Petitioners in person. versus THE STATE N.C.T. GOVT OF DELHI AND ANR.....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. SI Rishi Kumar, PS Geeta Colony. Mr. Narendra Arora, Advocate for R-2 (through VC). R-2 through VC. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition filed under Section 528 of the BNSS (Section 482 of the Cr.P.C.) seeks quashing of FIR No. 154/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Geeta Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Rishika Srivastava, learned JMFC, Mahila Courts, East District, Karkardooma Courts, Delhi. 3. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 07.05.2023 as per Hindu rites and ceremonies. 4. No child was born out of the said wedlock. 5. Due to matrimonial differences between petitioner no. 1 and 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 31/05/2025 at 14:59:26 no. 2, the parties started residing separately from 23.10.2023. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (mother-in-law) and petitioner no. 3 (sister-in-law). 6. On 06.02.2025, parties arrived at a settlement before Family court East District, Karkardooma Courts, Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 4,50,000/- 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. The copy of the aforesaid settlement deed dated 06.02.2025 is on record (Annexure P-2). 7. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 22.04.2025, passed by Ravinder Singh-01, Judge, Family Courts (East), Karkardooma Courts, Delhi (Annexure P-3). 8. The matter was listed before the learned Joint Registrar (Judicial) on 21.05.2025, wherein statement of Respondent no. 2 was recorded and the same is reproduced as under:- “1. I am respondent no. 2 in the present petition. I registered FIR No. 154/2024, Under Section 498-A/406/34 IPC, at PS Geeta Colony, Delhi against the petitioners. The charge sheet has been filed against the petitioners till date. The case is at the stage of cognizance/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 Respondent no. 2; and out of my free will have entered into settlement with the Respondent no. 2 in counselling Cell, East District, Karkardooma Courts, Delhi. The settlement dated 06.02.2025 is on record as Annexure P-2 at page no. 32 onwards bearing my signatures. 3. As per the settlement, I have already received a sum of Rs. 2,00,000/- as well as today I have received a demand draft for a sum of Rs. 2,50,000/- bearing no. 165205, drawn on State Bank of India, dated 19.05.2025 today in the court. Subject to realization of the demand draft 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 31/05/2025 at 14:59:26 handed over today, I will receive the total settlement amount of Rs. 4,50,000/- and subject to the honour of demand draft handed over today, I have no objections, if the FIR No. 154/2024, Under Section 498-A/406/34 IPG, at PS Geeta Colony, Delhi and all proceedings emanating there from are quashed against all the petitioners. 4. 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. I undertake to remain bound in terms of the settlement. 5. There is no child born out of the wedlock. 6. I have already obtained divorce from petitioner no. 1 in HMA no. 384/2025. The decree sheet is on record as Annexure P-3 at page 43 onwards. I undertake to appear before Hon'ble court on the next date of hearing and co-operate in quashing of the petition. 7. My affidavit of NOC for quashing of abovesaid FIR is on record at page 17 onwards bearing my signatures. I have no objection if above mentioned FIR and all proceedings emanating therefrom are quashed qua all the petitioners. 8. This is my true statement being made voluntarily in the presence of my counsel & IO. I have signed this statement after the same has been read over to me in Hindi and I have understood it.” 9. Petitioners are present before the Court and complainant/respondent no. 2 is present through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Rishi Kumar, PS Geeta Colony. 10. 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. 11. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 12. 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:- 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 31/05/2025 at 14:59:26 “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.” 13. 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. 154/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Geeta Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Rishika Srivastava, learned JMFC, Mahila Courts, East District, Karkardooma Courts, Delhi. 14. In the interest of justice, the petition is allowed, and the FIR No. 154/2024, under Sections 498A/406/34 of the IPC, registered at P.S. Geeta Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Rishika Srivastava, learned JMFC, Mahila Courts, East District, Karkardooma Courts, Delhi, is hereby quashed. 15. Petition is allowed and disposed of accordingly. 16. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 28, 2025/sn/pr Click here to check corrigendum, if any