Ashish Kaintura & ANR. v. The State Govt Of NCT Of Delhi & ANR.
$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:21.05.2025 + CRL.M.C. 1533/2025 ASHISH KAINTURA & ANR.
.....Petitioners Through:
Mr.
Vinod Pal and Mr.
Ravinder Sharma, Advs.
versus THE STATE GOVT OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Raghuinder Verma, APP for State.
Mr. B.P. Vaishnav, Ms. Birjesh Sharma, Ms.
Samiksha Trivedi,Ms. Preeti and Mr.
Ashok Sharma, Advs. for R-2.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 6848/2025(Exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 1533/2025 3.
The present petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 814/2022 dated 15.12.2022 under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Palam Village, Delhi ("subject FIR") and all consequential proceedings arising therefrom.
4.
The learned counsel for the petitioners submits that the petitioner no. 1 is the husband of respondent no. 2 and their marriage was solemnized on 29.01.2020, as per the Hindu rites and ceremonies. The petitioner no. 2 is the mother-in-law of the respondent no. 2. No child was born out of the said wedlock. Subsequent thereto, he submits, the temperamental differences developed between the petitioner no. 1 and respondent no. 2, coupled with the raising demands for dowry, led to the registration of the subject FIR. 5.
The learned counsel further submits that during the pendency of the litigations, the parties, on request, were referred to the Mediation Centre, Dwarka Courts, New Delhi, wherein, they have arrived at an amicable and voluntary resolution of all disputes persisting between them vide Mediation Settlement dated 05.02.2024. Subsequently, the marriage of the petitioner no. 1 and respondent no. 2 has been dissolved by mutual consent vide decree of divorce dated 30.08.2024, passed by the learned Additional Principal Judge, Family Court, Dwarka, New Delhi.
6.
The present petition is premised on the assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Mediation Settlement dated 05.02.2024, has been duly executed between the petitioner and respondent No. 2. It is further submitted that, in terms of the said settlement, the respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. As per the terms of the Mediation Settlement, the petitioner no. 1 has undertaken to pay a total sum of
Rs. 15,00,000/- to the respondent no. 2, as a full and final settlement of all her claims including maintenance (past, present and future), permanent alimony in three (03) instalments by way of Demand Drafts. The said Mediation Settlement dated 05.02.2024 embodying the terms of settlement has been placed on record. 7.
Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 03.03.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed.
8.
Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.
9.
The respondent no.2, who is present in court, upon being queried, confirms that she has received the entire sum of Rs. 15,00,000/- in full and final settlement of all her claims, including those pertaining to maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., in accordance with the terms of the Settlement. She also confirms that the marriage between the parties has been dissolved by way of mutual consent vide decree dated 30.08.2024, passed by the learned Additional Principal Judge, Family Court, Dwarka, New Delhi, and that no other litigation remains pending between the parties. Furthermore, she has no objection if the present FIR and all consequential proceedings arising
therefrom are quashed.
10.
In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR. 11.
The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.
12.
In view of 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.
13.
In conspectus of the above facts and the Mediation Settlement dated 05.02.2024, the subject FIR bearing No. 814/2022 dated 15.12.2022 under Sections 498-A/406/34 of the Indian Penal Code, 1860 registered at Police Station Palam Village, Delhi and all consequential proceedings emanating therefrom, are hereby quashed. 14.
The present petition is, accordingly, disposed of, in the aforesaid terms.
SHALINDER KAUR, J MAY 21, 2025/SU/KP Click here to check corrigendum, if any