Anand Kumar & ORS. v. The State Govt Dof NCT Of Delhi & ANR.
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28.04.2025 + W.P.(CRL) 476/2025 ANAND KUMAR & ORS.
.....Petitioners Through:
Ms. Neha Jha, Adv.
versus THE STATE GOVT DOF NCT OF DELHI & ANR.
.....Respondents Through:
Mr.
Sanjay Lao, Standing Counsel for State with Mr.
Aryan Sachdeva, Adv. with ASI Satish Kumar, P.S. Tigri.
Mr. N.K. Mishra, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 4271/2025 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(CRL) 476/2025 3.
The present petition under Section Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed seeking quashing of FIR No. 185/2024 ("subject FIR") for the offences punishable under
Section 498A, 406 and 34 Indian Penal Code, 1860 (IPC) registered at Police Station Tigri, New Delhi.
4.
Issue notice.
5.
Notice is accepted by Mr. Sanjay Lao, Standing Counsel for State, the learned APP for State and by Mr. N.K. Mishra, the learned counsel for respondent no.2/complainant.
6.
Briefly stated, the facts of the case are that the petitioner no.1 and respondent no.2 got married on 10.02.2023 as per Hindu Rites and customs, however, due to extreme incompatibilities between the petitioners and respondent no. 2, the respondent no. 2 left the matrimonial home to reside with her parents and consequently, they started living separately from 25.02.2023. Soon after, on 07.04.2024, the subject FIR was lodged against the petitioners. The respondent no. 2 filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 during such proceedings, the parties were referred to mediation. Thereafter, the parties were referred to mediation by this Court on 13.05.2024.
7.
Apropos to the mediation, the petitioners and respondent no.2, have entered into an amicable settlement before the Delhi High Court Mediation and Conciliation Centre vide the settlement deed dated 13.05.2024 and have settled all their disputes amicably. 8.
The complainant/respondent no.2 through appearing physically submits that as per the terms of the settlement deed dated 13.05.2024, she has received a total amount of Rs. 4.50,000/- from the petitioner no. 1 as full and final settlement. Of all her claims including
maintenance (past, present and future), permanent alimony in three
(03) installments.
9.
The settlement between the parties and the identification has been done before the Joint Registrar (Judicial) vide the Order dated 04.03.2025.
10.
In view thereto, the respondent no. 2 has received the entire sum of Rs. 4,50,000/- as full and final settlement, and their marriage has been dissolved by way of mutual consent decree dated 29.08.2024 passed by the learned Judge, Family Court, Saket Courts, New Delhi in HMA No. 1506/2024 under Section 13 (B) of the Hindu Marriage Act, 1955 and no other litigation remains pending between the parties. 11.
The petitioners are present in court and respondent no. 2/complainant is present physically. They have also been identified by their respective counsels and the I.O. The report of the Joint Registrar (Judicial) vide the Order dated 04.03.2024 has also been perused. 12.
The learned counsel for the parties submit that in pursuance to the settlement, the parties have withdrawn the respective litigations filed by them.
13.
The Court has also queried from the respondent no. 2, who confirms that the Settlement/Agreement dated 13.05.2024 has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she has received a sum of Rs. 4,50,000/- from the petitioner no.1 as full and final settlement, in compliance of the terms of the said
Settlement/Agreement. The respondent no. 2 also confirms that she has received the aforesaid amount of alimony and all aspects of the settlement have now been performed. The respondent no. 1 also confirms all the contents of the settlement.
14.
Mr. Sanjay Lao, Standing Counsel for State affirms that the State has no objection to the subject FIR being quashed. 15.
In these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.
16.
Accordingly, FIR No. 185/2024 dated 07.04.2024 registered at the Police Station Tigri under Sections 498A/406/34 of the IPC is hereby quashed. All proceedings arising therefrom also stand closed. 17.
Accordingly, the petition as well as pending application stands disposed of.
SHALINDER KAUR, J APRIL 28, 2025/sds/FRK Click here to check corrigendum, if any