Sachin Tomar vs State (Nct Of Delhi) And Others

Ravinder Dudeja, J

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0269/2021, dated 05.06.2021, registered at P.S Fatehpur Beri 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 08.02.2018 as per Hindu rites and ceremonies at Delhi. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 06.10.2019. Thereafter, Respondent No.2 filed complaint under section 12, 18, 19, 20 and 22 of DV Act and also lodged the aforesaid FIR against Petitioner No.1 and his family members. The Petitioner No.1 filed a petition under section 9 of Hindu Marriage Act bearing HMA no. 2440/2019.

During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 22.02.2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, Saket Courts allowed the mutual divorce petition on 22.04.2024, thereby dissolving the marriage between the Petitioner and Respondent No.2. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 4,12,500/- (Rupees four lacs twelve thousand five hundred rupees) and return of gold and silver ornaments as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 22.02.2024 has been placed on record as Annexure P-2.

Petitioner Nos. 1 and 3 as also respondent No. 2 are physically - present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Sachin Panwar, from PS Fatehpur Beri and SI Devender from PS Sangam Vihar.

Respondent No.2 confirms that the matter has been settled with the petitionerwithout any force, fear, coercion and she has received the payment of the entire settlement amount of Rs. 4,12,500/- (Rupees four lacs twelve thousand five hundred rupees) as also her gold and silver ornaments from the Petitioner No.1 as per the schedule mentioned in the Settlement Deed. She further submits that she has no objection if the FIR No. 0269/2021 is 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. 0269/2021 is quashed.

In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas 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. 0269/2021, dated 05.06.2021, registered at P.S Fatehpur Beri under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

In the interest of justice, the petition is allowed, and FIR No. 0269/2021, dated 05.06.2021, registered at P.S Fatehpur Beri under sections 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..