Janmejay Jaiswal. & ORS. v. State Of NCT Of Delhi & ANR.
$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4328/2023 JANMEJAY JAISWAL. & ORS.
.....Petitioners Through:
Mr. Kanishk Arora, Ms. Nidhi Vardhan & Ms. Shakshi Goyal, Advs.
Petitioners through VC.
versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State with Ms. Mansi Sharma, Adv.
WSI Damini, P.S. Vikaspuri.
Respondent no.2 through VC.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 07.04.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 88/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Vikaspuri 3.
The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 09.02.2020 as per Hindu rites and ceremonies. 4.
No child was born out of the said wedlock.
5.
Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (father-in-law), petitioner no. 3 (mother-in-law), petitioner no.4 (sisterThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in-law) and petitioner no.5 (sister-in-law) 6.
During the pendency of the present FIR, the parties arrived at a compromise vide Settlement Agreement dated 09.05.2024 and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 19,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 09.05.2024 is on record (Annexure P/2).
7.
In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 24.12.2024, passed by Shri Sajeev Jain, Principal Judge, Family Court (HQs), South West, Dwarka, New Delhi. (Annexure P/9).
8.
Petitioners and complainant/respondent no. 2 are present through VC before the Court and have been duly identified by the Investigating Officer. WSI Damini, P.S. Vikaspuri.
9.
The complainant/respondent No.2 appearing through VC states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.
10.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 11.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 proceeding."
12.
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. 88/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Vikaspuri 13.
In the interest of justice, the petition is allowed, and the FIR No. 88/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Vikaspuri, is hereby quashed.
14.
Petition is allowed and disposed of accordingly. 15.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 7, 2025/nk/pr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.