Raman Sachdeva & ORS v. The State & ANR

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 548/2020 RAMAN SACHDEVA & ORS .....Petitioners Through:

Mr. Neeraj Bhardwaj, Mr. G. M. Aziz and Mr. Anand Mohan, Advocates.

versus THE STATE & ANR .....Respondent Through:

Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Kshitiz Garg, Mr.

Ashvini Kumar and Mr. Nitish Dhawan, Advocates with SI Arti Singh, PS Begumpur.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 06.05.2025 1.

Criminal Writ Petition under Article 226 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973, has been filed on behalf of the Petitioners for quashing of FIR No. 0700/2017 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'Cr.P.C.') registered at Police Station Begumpur, Delhi and all its consequential proceedings emanating therefrom, in terms of the Settlement dated 20.01.2018.

2.

Issue Notice.

3.

Mr. Amol Sinha, learned ASC appearing on advance Notice, accepts Notice on behalf of the State.

4.

Brief facts of the case are that the marriage was solemnized between The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Petitioner No.1/husband and the Respondent No. 2/wife on 17.02.2002, according to the Hindu Rites and Ceremonies at Vikaspuri, Delhi and one daughter Sia Sachdeva and one son, namely, Samaksh Sachdeva, were born out of the said wedlock.

5.

It is further submitted that due to some temperamental differences, the Petitioner No. 1 and the Respondent No. 2 are living separately since 28.02.2015 and thereafter, the Respondent No. 2 filed a Complaint to CAW Cell, Sector-3, Rohini, Delhi, which was resulted into an FIR No. 0700/2017 under Section 498A/406/34 of IPC registered at Police Station Begumpur, Delhi.

6.

It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement dated 20.01.2018, before the learned Judge Family Court. The Statement of the parties have already been recorded before the learned Joint Registrar. In the Settlement, it was inter alia settled between the parties that both the parties have agreed to dissolve their marriage by filing joint Petition for divorce with mutual consent under Section 13(B)(1) and 13(B) (2) of HMA. It was further agreed that the Respondent No. 2 shall not claim any maintenance, grievances, past, present and future alimony, Istridhan from the Petitioner No. 1. It was further agreed that the custody of both the children shall remain with the Petitioner No. 1 and the Respondent No. 2 shall not claim any visitation rights to meet the children. It was further agreed that both the parties shall not file any civil or criminal proceedings against each other.

7.

It is also stated that vide Judgement dated 15.05.2018, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by mutual consent, as per the Hindu law.

8.

In view of the Settlement dated 20.01.2018, the present Petition has been filed.

9.

Even in this Petition time and again, the Summons have been sent through SHO to the Complainant, who has always been assuring that she would appear but failed to appear. The IO today also contacted her and she assured that she would be reaching the Court but thereafter has failed to appear. From the terms of the Settlement and the conduct, it is evident that the parties have arrived at Settlement and the Respondent No. 2 is conceded to the quashing of FIR.

10.

The Petitioners are present before this Court in-person today and have been identified by their learned Counsel and Investigating Officer concerned. The parties have endorsed the amicable Settlement and accepted the terms thereof voluntarily. The parties have undertaken to remain bound by the terms of the Settlement.

11.

The parties have submitted that all the disputes have been amicably settled on 20.01.2018 and thus, no fruitful purpose will be served in continuing with the FIR.

12.

The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed and they also submit that the said Settlement Deed dated 20.01.2018 has been arrived at between the parties, without any pressure and coercion.

13.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 14.

Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

15.

Accordingly, FIR No.0700/2017 under Section 498A/406/34 of the IPC registered at Police Station Begumpur, Delhi and all consequential proceedings emanating therefrom are quashed.

16.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J MAY 6, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.