Karan Arora and Ors. Vs State of Delhi NCT and Anr.

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$~70

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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% Date of decision: 06.05.2025

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CRL.M.C. 2079/2025 & CRL.M.A. 9369/2025 EXEMPTION, KARAN ARORA AND ORS. .....Petitioners Through: Mr. Prateek Goswami, Mr. Shashank Goswami, Mr. CB Goswamia and Mr. C.K. Gupta, Advs.

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Petitioner nos.1-3 through VC.

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Versus

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STATE OF DELHI NCT AND ANR. … Respondents Through: Mr. Hitesh Vali, APP for the State with SI Chandan, PSPaschim Vihar.

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Mr. Pradeep Kumar, Adv. for R2 with R2 through VC.

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

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JUDGMENT (ORAL)

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CRL.M.A. 13938/2025 (for deletion of names of petitioner no. 4 &5 and filing amended memo of parties)

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This is an application for the deletion of names of petitioner nos.4 & 5 and filing of the amended memo of parties.

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Learned counsel for the petitioners has submitted that petitioner nos.4 expired on 23.06.2023 and petitioner no.5 expired on 17.06.2020.

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CRL.M.C. 2079/2025 Page 1 of 6

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.05.2025 16:54:44

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In view of the above, the present application is allowed and the names of the petitioner nos.4&5 are deleted from the array of parties.

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The amended memo of parties is taken on record.

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CRL.M.C. 2079/2025

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This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No. 0126/2018 under Sections 498-A/406/34 IPC, P.S. Paschim Vihar, Delhi, and all proceedings arising therefrom pursuant to a settlement between the parties.

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The marriage between Petitioner No.1 and Respondent No.2was solemnized on 10.02.2015 as per Hindu rites and ceremonies at Delhi. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 08.12.2016. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner No. 1 and his family members. A Charge sheet has been filed regarding the aforesaid FIR.

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During the pendency of the proceedings, both parties entered into a Compromise/Settlement Deed dated 22.01.2025. In pursuance of the settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act, 1955. The learned Principal Judge, Family Court, Rohini Court, vide HMA No. 284/2025, allowed the mutual divorce petition on 05.03.2025, thereby dissolving the marriage between Petitioner No. 1

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CRL.M.C. 2079/2025 Page 2 of 6

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.05.2025 16:54:44

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and Respondent No. 2. As per the settlement, a sum of Rs. 15,00,000/has been paid by Petitioner No. 1 in favour of Respondent No. 2. A copy of the Compromise/Settlement Deed dated 22.01.2025 has been placed on record as Annexure P-2.

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The matter was placed before the Joint Registrar on 02.04.2025, who has recorded the statements of both the parties and passed the following orders:-

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“02.04.2025

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Mr. Pradeep Kumar, Ld. Counsel for Respondent no. 2 appeared in person and Respondent no. 2 appeared (through VC) and submits that the demand draft for a sum of Rs. 9,00,000/- bearing no. 035455 drawn on HDFC Bank, dated 21.03.2025 handed over to Respondent no. 2 on the last date of hearing stands duly honoured and nothing else remains due in this case and Respondent no. 2 has no objection if FIR No. 126/2018, Under Section: 498-A/406/34 IPC, was registered at PS Paschim Vihar East, Delhi and all proceeding emanating there from is quashed qua the petitioners.

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The statement of Respondent no. 2 to ascertain the veracity and the genuineness of the parties entering into settlement was recorded on 27.03.2025.

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The settlement entered into between the parties is on record asAnnexure - P-2 at page 56 to 62.

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As per the settlement, the respondent no. 2 has now received the total settlement amount towards her article, stridhan as well as towards alimony and maintenance past, present and future whatsoever and Respondent no. 2 shall not claim anything in this regards in future by way of any litigation.

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CRL.M.C. 2079/2025 Page 3 of 6

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.05.2025 16:54:44

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Respondent no. 2 states that she has no objection whatsoever if FIR no. 126/2018, Under Section 498-A/406/34 IPC, registered at PS Paschim Vihar East, Delhi against the petitioners is quashed.

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Respondent no. 2 has also been granted divorce by Mutual consent in HMA No. 284/2025 vide decree dated 05.03.2025 which is on record as Annexure P-3 at page 63.

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There is no child born out the wedlock.

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Respondent no. 2 shall abide by all the terms of the settlement and fully cooperate in quashing of the present FIR and withdrawal of any other case, if any as per the settlement. Respondent no. 2 undertakes to fully cooperate in quashing of the present FIR and withdrawal of all/any other connected case, if any. Respondent no. 2 has also given her affidavit in support of the present petition which is at page no. 22-24 of the petition bearing her signatures.

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This pre verified report along with the petition may be placed beforethe Hon'ble Court on 17" April, 2025. ”

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Petitioner nos.1-3 and Respondent no.-2 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Chandan, from PS Paschim Vihar.

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Respondent No. 2 confirms that she has received the full and final settlement amount of Rs. 15,00,000/- and submits that the matter has been amicably settled with the Petitioners without any force, fear, or coercion. She has no objection to the terms and conditions mentioned in the Compromise/Settlement Deed dated 22.01.2025 and further submits that she has no objection if FIR No.0126/2018, along

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CRL.M.C. 2079/2025 Page 4 of 6

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.05.2025 16:54:44

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with all pending proceedings arising therefrom, is quashed against the Petitioners.

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In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 126/2018 alongwith pending proceeding is quashed.

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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:-

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"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."

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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. 0126/2018 under Sections 498A/406/34 IPC, P.S. Paschim Vihar, Delhi with the charge sheet and all the other consequential proceeding emanating therefrom.

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