Rajendra Singh & Ors. Vs the State (Gnct of Delhi) through Sho, P.S. Khajuri Khas & Anr.

The present petition filed under Section 528 of the BNSS seeks quashing of the FIR No. 0640/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Khajuri Khas, Delhi.

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The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 17.11.2021 as per Hindu rites and ceremonies and no child was born out of the said wedlock.

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Due to matrimonial differences between petitioner no. 1 and respondent

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:29

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no. 2, the parties started residing separately from 15.07.2022. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband) and petitioner no. 2 (brother-in-law), petitioner no. 3 (brother-in-law), and petitioner no. 4 (brother-in-law).

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On 04.09.2024, petitioner no. 1 and respondent no.2 have arrived at a Memorandum of Settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 3,50,000/- along with the articles belonging to respondent no.2/wife towards full and final settlement of all her claims including istridhan , permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 04.09.2024 has been placed on record as Annexure -B.

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In terms of the said settlement, the marriage between the petitioner no.1 and respondent no.2 stands dissolved by a decree of divorce dated 20.11.2024, passed by Mr. Ankur Jain, Judge, Family Court, Dist. North-East, Karkardooma Courts, Delhi. (Annexure -C).

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The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order on 08.04.2025: -

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“1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 640/2023 Under Sections 498-A/406/34 of the Indian Penal Code registered at P.S. Khajuri Khas on the basis of settlement arrived at between the parties.

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As per the submissions, the matter between the petitioners and R-2 has been amicably settled.

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Vide separate statement recorded in this behalf, petitioners stated that dispute between them and R-2 has been amicably settled as per the settlement deed dated 04.09.2024. The settlement has been arrived at between the parties herein without any force, coercion,

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:29

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undue influence and pressure. They have signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioners has been amicably settled as per the settlement deed dated 04.09.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. The settlement deed has been signed with wish and will.

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Investigating Officer is present in Court and has duly verified the identity of both the parties. Separate statement of Investigating Officer has also been recorded.

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The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them.

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Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon'ble Court.

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The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure.”

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Petitioners and complainant/respondent no. 2 have appeared in person before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Sachin, PS Khajuri Khas.

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Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.

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In view of the settlement between the parties, Learned APP for the State submits that the investigation in the present FIR is pending and chargesheet is yet to be filed, however, in view of the settlement between the parties, he has no objection if the present FIR is quashed.

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In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:29

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This is a digitally signed order.

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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 proceeding.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0640/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Khajuri Khas, Delhi.

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In the interest of justice, the petition is allowed, and the FIR No. 0640/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Khajuri Khas, Delhi, is hereby quashed.

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Petition is allowed and disposed of accordingly.

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

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AMIT SHARMA, J

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MAY 14, 2025/ kr

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Click here to check corrigendum, if any

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:29

¶54

This is a digitally signed order.

Rajendra Singh & Ors. v. the State (Gnct of Delhi) through Sho, P.S. Khajuri Khas & Anr.

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Rajendra Singh & Ors. v. the State (Gnct of Delhi) through Sho, P.S. Khajuri Khas & Anr.

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