Pawan Nagar & ORS. v. The State NCT Of Delhi And ANR

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3773/2025 PAWAN NAGAR & ORS.

.....Petitioners Through:

Mr. Manish Kumar, Mr. Gourav Bansal and Ms. Garima Anand, Advocates alongwith petitioners in person.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State.

SI Pratiksha, PS Prem Nagar.

Mr. Harshit Gupta and Mr. Piyush Gupta, Advocates for R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 18.07.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 528 of the BNSS (Section 482 of the Cr.P.C.) seeks quashing of FIR No. 264/2024, under Section 498A/406/34 of the IPC, registered at PS Prem Nagar.

3.

The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 04.02.2013 as per Hindu Rites and Customs and one male child was born out of the said wedlock. 4.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties resided separately from 23.11.2019. Subsequently, respondent no.2/complainant registered an FIR against petitioner no. 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother-inlaw). 5.

On 27.03.2025, parties arrived at a settlement before the Delhi Mediation Centre, Rohini District Courts, Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 3,25,000/- to the respondent no.2/wife towards full and final settlement of all her claims including stridhan, permanent alimony and maintenance - present, past and future.

6.

The marriage between the parties stands dissolved by an ex-parte decree of divorce dated 14.02.2022, passed by Ms. Anita Raj, Principal Judge, Family Court, Ghaziabad, Uttar Pradesh (Annexure P-2). As per the settlement deed, the total amount of Rs. 3,50,000/- has already been paid to respondent no.2. As per the said settlement, custody of the minor child will be with the petitioner no. 1 and respondent no. 2 will have visitation rights as per the deed dated 27.03.2025.

7.

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, SI Pratiksha, PS Prem Nagar. 8.

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.

9.

Learned APP for the State submits that investigation in the present FIR is pending and chargesheet has not been filed. 10.

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 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."

11.

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. 264/2024, under Section 498A/406/34 of the IPC, registered at PS Prem Nagar.

12.

In the interest of justice, the petition is allowed, and the FIR No. 264/2024, under Section 498A/406/34 of the IPC, registered at PS Prem Nagar, is hereby quashed.

13.

Petition is allowed and disposed of accordingly. 14.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 18, 2025/sn/yg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.