← Library
High Court of DelhiCRL.M.C./745/2025

Baljeet Singh & ORS. v. The State NCT Of Delhi & ANR.

2025-07-10Hon'Ble Mr. Justice Amit Sharma3 pages

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 745/2025 BALJEET SINGH & ORS.

.....Petitioners Through:

Mr. Charanjeet Singh, Advocate along with petitioners in person.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Jay Prakash P.S. Rajouri Garden.

Mr. Manoj Kumar, Advocate for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 10.07.2025 1.

This hearing has been done through hybrid mode. CRL.M.A. 3523/2025 (Exemption) 2.

Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 745/2025 3.

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No. 618/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Aakansha Gautam, learned Judicial Magistrate First Class, Mahila Court, West, Tis Hazari Court, Delhi. 4.

The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 20.10.2019 as per Hindu/Sikh Rites and Customs and one male child was born out of the said wedlock. 5.

Due to matrimonial differences between petitioner no. 1 and respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no. 2, the parties started residing separately from December 2021. Subsequently, respondent no.2/complainant lodged an FIR against the petitioners.

6.

On 12.07.2024, parties arrived at a settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi without any consideration towards maintenance.

7.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 26.10.2024, passed by the learned Judge, Family Court-01, West, Tis Hazari Courts, Delhi. As per the said settlement, custody of the minor child will be with the respondent no. 2/wife. 8.

The petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, Sub Inspector Jay Prakash, P.S. Rajouri Garden. 9.

Petitioner No. 1 has appeared in Court today and submits that he does not want any visitation rights of the child. The said statement is taken on record.

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 against the petitioners. She further states that all the terms of the settlement have been complied with.

11.

Learned APP for the State submits that investigation in the present case is complete and chargesheet has been filed before the Court of competent jurisdiction.

12.

In Gian Singh v. State of Punjab (2012) 10 SCC 303, Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"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."

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. 618/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Aakansha Gautam, learned Judicial Magistrate First Class, Mahila Court, West, Tis Hazari Court, Delhi.

14.

In the interest of justice, the petition is allowed, and the FIR No. 618/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Aakansha Gautam, learned Judicial Magistrate First Class, Mahila Court, West, Tis Hazari Court, 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 JULY 10, 2025/bsr/sc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.