Vishal Pawar & Ors. Vs State of NCT of Delhi & Anr.

The present petition filed under Section 482 of the Cr.P.C. (Section 528 of the BNSS) seeks quashing of FIR No. 485/2022, under Sections 498A/323/406/34 of the IPC, registered at P.S. Kishangarh.

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The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 12.02.2016 as per Hindu rites and customs and one male child was born out of the said wedlock.

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Due to matrimonial differences between petitioner No. 1 and respondent No. 2, the parties resided separately from 29.06.2021. Subsequently, respondent no.2/complainant registered an FIR against the

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This is a digitally signed order. 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 01/07/2025 at 02:53:33

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petitioners.

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Learned counsel for the petitioners submits that the parties have arrived at settlement before the Delhi Mediation Centre, Patiala House Courts, Delhi, vide Settlement Deed dated 25.03.2025 and in pursuance of the said settlement, respondent No.2 has no objection if the present FIR is quashed. 7. Petitioner No. 1 and complainant/respondent no. 2 are present before this Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Rajendra Kumar, PS Kishan Garh.

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The Complainant/respondent No.2 states that the matter has been settled and she has now moved to her matrimonial home and living with petitioner no. 1 and she has no objection if the FIR is quashed against the petitioners.

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The matter was listed before the learned Joint Registrar on 17.04.2025, wherein it has been recorded as under:-

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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. 485/2022 Under Sections 498A, 323, 406, 34 of the Indian Penal Code registered at P.S. Kishangarh 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 25.03.2025. The settlement has been arrived at between the parties herein without any force, coercion, 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 25.03.2025. 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

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This is a digitally signed order. 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 01/07/2025 at 02:53:33

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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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In view of the above, matter be placed before the Hon’ble Court on 01.05.2025.”

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Learned APP for the State submits that the matter is pending investigation and the chargehsset 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, 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 the parties have put a quietus to the dispute, no useful purpose will be served in continuing

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This is a digitally signed order. 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 01/07/2025 at 02:53:33

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AMIT SHARMA, J

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with the present FIR No. 485/2022, under Sections 498A/323/406/34 of the IPC, registered at P.S. Kishangarh.

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In the interest of justice, the petition is allowed, and the FIR No. 485/2022, under Sections 498A/323/406/34 of the IPC, registered at P.S. Kishangarh, 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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MAY 08, 2025 / nk

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Click here to check corrigendum, if any

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This is a digitally signed order. 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 01/07/2025 at 02:53:33

Vishal Pawar & Ors. v. State of NCT of Delhi & Anr.

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Vishal Pawar & Ors. v. State of NCT of Delhi & Anr.

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