Dinesh Dalal & Anr. Vs the State Govt. of NCT of Delhi… — Maintenance and Alimony | Delhi HC (2025)

Dinesh Dalal & Anr. Vs the State Govt. of NCT of Delhi… — Maintenance and Alimony | Delhi HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No. 0169/2023 dated 17.02.2023 registered at P.S Dwarka North under sections 498A/406/34 IPC and all consequential proceedings emanating therefrom; petition allowed and disposed of, pending applications disposed of.

Issue for consideration

Whether FIR No. 0169/2023 dated 17.02.2023 registered at P.S Dwarka North under sections 498A/406/34 IPC, and all proceedings emanating therefrom, ought to be quashed on the basis of the settlement between the parties.

Court's answer

Since the parties have settled their disputes and put a quietus to the litigation, no useful purpose will be served in continuing FIR No. 0169/2023 (dated 17.02.2023, P.S Dwarka North, under sections 498A/406/34 IPC) and the other consequential proceedings emanating therefrom.

Ratio / Principle

In the interest of justice, the petition is allowed and FIR No. 0169/2023 (dated 17.02.2023, P.S Dwarka North, sections 498A/406/34 IPC), together with all the other consequential proceedings emanating therefrom, is quashed.

Detailed headnote1 paragraphs

Matrimonial dispute — quashing of FIR on settlement — petition under Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing FIR No. 0169/2023 (dated 17.02.2023, P.S. Dwarka North, Sections 498A/406/34 IPC) and consequential proceedings. Parties married on 21.11.2021, separated since 31.10.2022; cross-litigation included divorce petition under S. 13(1)(ia) HMA, complaint MC No. 137/2023 under S. 12 DV Act and maintenance petition MT No. 167/2023 under S. 125 Cr.P.C. In mediation the parties executed a Compromise/Settlement Deed dated 06.06.2024, jointly obtained divorce by mutual consent (allowed 31.01.2025, Family Court, Dwarka), withdrew previous litigations and fulfilled settlement conditions including payment of Rs. 17,00,000/-. Respondent No. 2 confirmed before the Court that the settlement was voluntary, that she received the entire amount, and raised no objection to quashing; the Additional PP for the State likewise raised no objection. Following Gian Singh v. State of Punjab, (2012) 10 SCC 303, and since the parties had put a quietus to the dispute, the Court held no useful purpose would be served by continuing the FIR and quashed the FIR and all consequential proceedings; petition allowed and disposed of (Ravinder Dudeja, J., 07.05.2025).

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR No. 0169/2023 dated 17.02.2023 registered at P.S Dwarka North under sections 498A/406/34 IPC, and all proceedings emanating therefrom, sought to be quashed on the basis of settlement.¶1
P.S Dwarka North · 17.02.2023
Prior proceeding
Marriage between Petitioner No. 1 and Respondent No. 2 solemnized on 21.11.2021 as per Hindu rites and ceremonies at Delhi.¶2
Prior proceeding
Due to temperamental differences, the couple started living separately since 31.10.2022.¶2
Prior proceeding
Petitioner No. 1 filed a petition for divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955.¶2
Prior proceeding
Respondent No. 2 filed complaint case MC No. 137/2023 under section 12 of the DV Act.¶2
Prior proceeding
Respondent No. 2 filed maintenance petition MT No. 167/2023 under section 125 Cr.P.C.¶2
Prior proceeding
Respondent No. 2 lodged FIR No. 0169/2023 against Petitioner No. 1 and his family members.¶2
Prior proceeding
Parties were referred to mediation, amicably resolved their disputes, and executed a Compromise/Settlement Deed dated 06.06.2024.¶3
Prior proceeding
In pursuance of the settlement, parties jointly filed a fresh divorce petition by mutual consent under Section 13B(1), Hindu Marriage Act, 1955; the Family Court, Dwarka Courts, Delhi allowed it on 31.01.2025, dissolving the marriage.¶3
Prior proceeding
Previous complaints/litigations withdrawn and settlement conditions fulfilled, including payment of the total settlement amount of Rs. 17,00,000/- per the schedule in the Settlement Deed.¶3
Prior proceeding
Matter placed before the Joint Registrar, who recorded the statements of both the parties.¶4
Prior proceeding
By order dated 02.04.2025, the Joint Registrar recorded that petitioner's counsel handed over a cheque of Rs. 5,00,000/- (no. 835981, Punjab National Bank, dated 02.04.2025) to respondent no. 2, and posted the matter to 01.05.2025.¶4
Prior proceeding
R-2 physically present; petitioner nos. 1 & 2 appeared through VC; parties identified by their counsels and by Investigating Officer SI Sanjay Kumar, PS Dwarka North.¶5
Prior proceeding
Respondent No. 2 confirmed before the Court that the settlement was reached without any force, fear, or coercion, that she received the entire settlement amount of Rs. 17,00,000, and that she had no objection to quashing of FIR No. 0169/2023.¶6
Prior proceeding
Learned Additional PP for the State stated there was no objection to quashing of FIR No. 0169/2023 in view of the settlement.¶7