Gopal & Ors vs State Of Nct Of Delhi & Anr

Ravinder Dudeja, J

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0451/2021, dated 17.08.2021, registered at P.S Mohan Garden, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 13.03.2019 as per Hindu rites and customs at Delhi. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 30.06.2019. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands. She further submits that she was subjected to persistent unnatural sexual acts by Petitioner No. 1. Chargesheet has been filed under sections 498A/406/377/354/34 IPC against the petitioner and two other accused.

During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding (MOU) dated 26.06.2024. In respect of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have dissolved their marriage by mutual consent. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 5,00,000/- (Rupees five lacs only) as per the schedule mentioned in the MOU along the articles mentioned in the Deed. The copy of Memorandum of Understanding dated 26.06.2024has been placed on record as Annexure F.

Petitioner No. 1 and respondent No. 2 are physically present before the Court while petitioner Nos. 2 and 3 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Ranjaur, from PS Crime Branch and SI Preetam, PS-Mohan Garden.

Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 0451/2021is quashed against the Petitioners.

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0451/2021 is quashed.

In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by 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 proceedings."

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. 0451/2021, dated 17.08.2021, registered at P.S Mohan Garden, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

In the interest of justice, the petition is allowed, and the FIR No. 0451/2021, dated 17.08.2021, registered at P.S Mohan Garden, Delhiunder section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

Petition is allowed and disposed of accordingly.

Pending application(s), if any, also stand disposed of.