Pranab Kaushik & ORS. v. The State (N.C.T. Of Delhi ) & ANR.

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 146/2025 PRANAB KAUSHIK & ORS.

.....Petitioners Through:

Mr. Prince Arora, Mr. Mitabh Gosain & Mr. Deepak Sharma, Advs. with Petitioner no.1 and 2 in person.

Petitioner no.3 and 4 through VC.

versus THE STATE (N.C.T. OF DELHI )& ANR. .....Respondents Through:

Mr. Anand V. Khatri, ASC (Crl.) with Ms. Kalpana Jha, Adv. for the State.

SI Ravi Malik & SI Lal Chand, P.S.

V.K. South.

Mr. Pardeep Sharma, Adv. for R-2 alongwith R-2 (through VC).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 12.02.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 482 Cr.P.C. seeks quashing of FIR No. 161/2023, under Section 498A/406/34 IPC, registered at P.S. Vasant Kunj South, Delhi.

3.

The marriage between the petitioner No.1/husband and the respondent No.2/wife was solemnized on 17.04.2016 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. Subsequently, respondent No.2/complainant lodged an FIR bearing No. 161/2023 under sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

498A/406/34 IPC at P.S. Vasant Kunj against petitioner No. 1 (husband), petitioner No. 2 (father-in-law), petitioner No. 3 (brother-in-law) and petitioner No. 4 (mother-in-law).

5.

On 25.11.2024, parties arrived at a settlement and as per the said settlement deed, petitioner No.1 has agreed to pay an amount of Rs. 29,00,000/- 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.

6.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 25.11.2024, passed by Mr. Harish Kumar, Judge, Family Court, Patiala House Courts, New Delhi (Annexure P3). As per the said settlement, custody of the minor child will be with the respondent no. 2 and the petitioner no. 1 will have visitation rights in terms of order dated 05.02.2024 passed by the learned Family Court. 7.

Petitioners No.1 and 2 are present before the Court and petitioners No.3 and 4 and complainant are present through Video Conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, Sub Inspector Ravi Malik, P.S. Vasant Kunj, South who is also present in Court today.

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 and nothing remains.

9.

Learned ASC (Crl.) for the State submits that the chargesheet in the present FIR is yet to be filed and in view of the settlement dated 25.11.2024 between the parties, he also has no objection if the present FIR is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 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 of FIR No. 161/2023, under Section 498A/406/34 IPC, registered at P.S. Vasant Kunj South, Delhi.

12.

In the interest of justice, the petition is allowed, and the of FIR No. 161/2023, under Section 498A/406/34 IPC, registered at P.S. Vasant Kunj South, Delhi, is hereby quashed.

13.

It is however directed that this order shall not come in the way of the minor child in claiming his rights of inheritance, maintenance, educational & marriage expenses, etc. against any of the parties. 14.

Petition is allowed and disposed of accordingly. 15.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 12, 2025/nk/sc 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.