Chandan Chauhan vs State Nct Of Delhi And Anr

Ravinder Dudeja, J

This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 615/2022, dated 29.11.2022, registered at P.S Dwarka (South), Delhiunder Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 19.11.2009 as per Hindu rites and customs at Delhi. A boy child was born out of the said wedlock in 2011. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since August 2022. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. Subsequently FIR No. 615/2022 has been lodged at instance of Respondent No. 2 at PS Dwarka (South), Delhiunder section 498A/406/34IPC.

During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement dated 27.09.2024 at Mediation Centre, Dwarka Courts, New Delhi. It is submitted that Petitioner has paid Rs. 40,000/- per month as maintenance towards Respondent No. 2 and their child from October 2024 till December 2024 and has further agreed to pay Rs. 50,000/- per month as maintenance from January 2025 onwards. He further agrees to bear all educational expenses of their child with visitation rights at his school in Nainital, Uttarakhand and Respondent No. 2 and her son would also visit Petitioner in Mumbai during school vacations. It is further submitted that petitioner has agreed to pay LIC premium in wife’s name as per the schedule mentioned in the Settlement. Copy of the Settlement dated 27.09.2024 has been annexed as Annexure P-3

Respondent No. 2 is physically present before the Court while Petitioner has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Amit Kumar, from PS Dwarka South.

Respondent No. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and she has no objection if the FIR No. 615/2022 is quashed against the Petitioner.

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 615/2022 is quashed.

In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas 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."

In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 615/2022, dated 29.11.2022, registered at P.S Dwarka (South), Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

In the interest of justice, the petition is allowed, and the FIR No. 615/2022, dated 29.11.2022, registered at P.S Dwarka (South), Delhiunder section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

Petition is allowed and disposed of accordingly.

Pending application(s), if any, also stand disposed of.