AI Structured Summary
Not yet generated for this judgment
Judgment
Ravinder Dudeja, J.
1. This is a writ petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0164/2023, dated 28.04.2023, registered at P.S K.N. Katju Marg under 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 on14.02.2017 as per Hindu rites and ceremonies at Ghaziabad. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 22.07.2022. Respondent No.2 filed the following cases against Petitioner No.1 and his family members:
FIR No. 0164/2023, dated 28.04.2023, registered at P.S K.N. Katju Marg under sections 498A/406/34 IPC
Complaint case under section 12 of DV Act bearing Ct. case no. 1304/2023
During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 24.02.2025. In terms of the settlement, petitioner No. 1 and respondent No. 2 have obtained divorce by mutual consent. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.2,00,000/-(Rupees two lacs). The copy of Settlement Deed dated 24.02.2025 has been placed on record as Annexure C.
4. Petitioner No. 1 and respondent No. 2 are physically present before the Court while petitioner Nos. 2 and 3 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer WSI Rinki, from PS KNK Marg.
Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and she has received the payment of the entire settlement amount of Rs. 2,00,000/- (Rupees two lacs) from the Petitioner No.1. She further submits that she has no objection if the FIR No. 0164/2023 is quashed against the Petitioners and has also tendered her Affidavit cum No Objection to that effect.
In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0164/2023 is quashed.
In Gian Singh vs 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."
8. 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. 0164/2023, dated 28.04.2023, registered at P.S K.N. Katju Marg under sections 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. 0164/2023, dated 28.04.2023, registered at P.S K.N. Katju Marg under sections 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.