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Judgment
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0148/2019, dated 03.05.2019, registered at P.S Farsh Bazar, Delhi 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 on 07.02.2016 according to Hindu rites and ceremonies at Delhi. It is submitted that parties have been living separately since 17.06.2017. As per allegations, respondent no.2 was subjected to mental and physical harassment and cruelty on account of demands for dowry from Petitioner No. 1 (husband), Petitioner No. 2 (Mother in law) and other family members, both before and after the wedding. It is further submitted that her valuables were also retained by the petitioners. Thereafter, Respondent No. 2 filed FIR No. 0148/2019, dated 03.05.2019, at P.S Farsh Bazar, Delhi under sections 498A/406/34 IPC. The Chargesheet has been filed under Sections 498A/406/34 IPC on 03.08.2019 against the Petitioners.
During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 23.05.2023 at Counselling Cell, Family Courts, Karkardooma Courts, Shahadara, Delhi. In pursuance of the settlement Petitioner No. 1 and Respondent No. 2 filed divorce petition under Section 13-B(1) & 13-B(2) of the Hindu Marriage Act, 1955. The learned JFC, Shahadara Courts allowed the mutual divorce petition on 04.12.2023, thereby dissolving the marriage between the Petitioner No. 1 and Respondent No.2. It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn and all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 4,50,000/- (Rupees four lacs and fifty thousand) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 23.05.2023 has been placed on record as Annexure P-4.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Harshvardhan from P.S.Farsh Bazar.
Respondent No.2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 0148/2019 is quashed against the Petitioners.
In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0148/2019 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. 0148/2019, dated 03.05.2019, registered at P.S Farsh Bazar, Delhi 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. 0148/2019, dated 03.05.2019, registered at P.S Farsh Bazar, Delhi 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.