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Ramesh Sethi & Ors. v. the State NCT of Delhi and Anr.

Delhi HC26 May 2025CRL.M.C./3126/2025

Case brief

AI extract

What is this about?

CRL.M.C. 3126/2025; Shalinder Kaur Judge; Section 528 BNSS 2023 quashing petition; FIR 96/2020 dated 25.02.2020; Sections 498A 406 34 IPC; Police Station Hari Nagar; post-settlement quashing; Mediation Settlement Deed 10.09.2024; Rs. 28,20,000 full and final settlement; five cheques encashed; mutual consent divorce decree 05.12.2024 Family Courts Tis Hazari; separation since 20.01.2018; child custody respondent no. 2; Joint Registrar Judicial statement 13.05.2025; APP no objection; Gian Singh (2012) 10 SCC 303; Narinder Singh (2014) 6 SCC 466; matrimonial FIR quashed Delhi High Court 26.05.2025.

What did the court decide?

Subject FIR No. 96/2020 dated 25.02.2020 registered at Police Station Hari Nagar and all consequential proceedings emanating therefrom quashed; the petition disposed of accordingly. ¶39

Ramesh Sethi & Ors. Vs the State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

Subject FIR No. 96/2020 dated 25.02.2020 registered at Police Station Hari Nagar and all consequential proceedings emanating therefrom quashed; the petition disposed of accordingly.

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Issue for consideration

Whether FIR No. 96/2020 dated 25.02.2020 (Sections 498A/406/34 IPC, Police Station Hari Nagar) and all proceedings emanating therefrom should be quashed in light of the amicable settlement, the mutual-consent divorce decree and the consent of the parties and the State.

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Court's answer

In view of the circumstances and in line with the law laid down by the Supreme Court in Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, this Court saw no reason why the subject FIR and all proceedings emanating therefrom should not be quashed.

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Ratio / Principle

In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.

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Key takeaways

In conspectus of the facts and the Settlement Deed dated 10.09.2024, the subject FIR bearing No. 96/2020 dated 25.02.2020 (Sections 498A/406/34 IPC, Police Station Hari Nagar) and all consequential proceedings emanating therefrom were quashed.ratio¶39

Detailed headnote1 paragraphs

High Court of Delhi (Shalinder Kaur, J.) disposed of CRL.M.C. 3126/2025 filed under Section 528 BNSS 2023 by Ramesh Sethi & Ors., quashing FIR No. 96/2020 dated 25.02.2020 (Sections 498A/406/34 IPC, Police Station Hari Nagar) and all consequential proceedings. Quashing rested on a voluntarily executed Mediation Settlement Deed dated 10.09.2024 under which petitioner no. 2 undertook to pay Rs. 28,20,000/- as full and final settlement of all claims of respondent no. 2 (wife); the amount was received in full via five encashed cheques, the marriage stood dissolved by a mutual-consent divorce decree dated 05.12.2024 (Principal Judge, Family Courts, West District, Tis Hazari), the parties separated since 20.01.2018 agreed the male child remains in respondent no. 2's custody, and both respondent no. 2 (confirmed in person and before the Joint Registrar (Judicial) on 13.05.2025) and the State (via APP) raised no objection. Reliance placed on Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466; continuing the FIR post-settlement deemed futile and contrary to peace and harmony.

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$~68

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 26.05.2025

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- CRL.M.C. 3126/2025

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RAMESH SETHI & ORS.

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.....Petitioners Through: Ms. Runjita Das and Mr. Shailesh Kumar Sinha, Advs. along with petitioners.

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versus

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THE STATE NCT OF DELHI AND ANR

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.....Respondents Through: Mr. Satish Kumar, APP for State along with IO. Mr. Suman Kumar and Mr. Shubhanshu Singh, Advs. for R-2 along with R-2.

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CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR

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SHALINDER KAUR, J (ORAL)

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CRL.M.A. 13776/2025 (Exemption)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 3126/2025, CRL.M.A. 13775/2025

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The present petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 96/2020 dated 25.02.2020 for offences under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at Police Station Hari Nagar (“subject FIR”) and all other proceedings

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Signature Not Verified

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Page 1 of 5

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Digitally Signed CRL.M.C. 3126/2025 By:NEELAM Signing Da te:3 1.05.2025 13:22:12

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emanating therefrom.

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The learned counsel for the petitioners submits that the respondent no. 2 is the wife of the petitioner no. 2 and their marriage was solemnized on 30.10.2017 at Delhi, as per the Hindu rites and ceremonies. The petitioner no. 1 and petitioner no. 3 are father-in-law and mother-in-law of the respondent no. 2, respectively. It is submitted that a male child was born out of the said wedlock. He submits that the incompatible behaviour, conduct and temperament of the parties, coupled with the demands of dowry and increasing harassment, led to the registration of the subject FIR and filing of litigations by the respondent no. 2.

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The learned counsel submits that due to the irreconcilable and temperamental differences, the marriage of the petitioner no. 2 and the respondent no. 2 has suffered an irretrievable breakdown and the parties have been living separately since 20.01.2018. 6. He further submits that during the pendency of the litigations filed by the respondent no. 2, the parties were referred to the Delhi Mediation Centre, Tis Hazari Court, New Delhi, wherein, with the intervention of the family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of their disputes and that no further dispute subsists in relation thereto. Subsequent thereto, the marriage of the parties has been dissolved by way of mutual consent vide the divorce decree dated 05.12.2024 passed by the learned Principal Judge, Family Courts, West District, Tis Hazari Courts Delhi.

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Signature Not Verified

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Page 2 of 5

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Digitally Signed CRL.M.C. 3126/2025 By:NEELAM Signing Da te:3 1.05.2025 13:22:12

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The present petition is premised on the aforesaid assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Mediation Settlement Deed dated 10.09.2024 has been duly executed between the petitioners and the respondent No. 2. It is further submitted that, in terms of the said Settlement, respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora.

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As per the terms of settlement, the petitioner no. 2 has undertaken to give an amount of Rs. 28,20,000/- to respondent no. 2 as full and final settlement of all her claims. The Settlement Deed dated 10.09.2024 outlining the terms of settlement has been placed on record.

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Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 13.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in his statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all the proceedings emanating therefrom is quashed.

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Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.

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The complainant/respondent no. 2, who is present-in-person before this Court, upon being queried, confirms that the Settlement

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Signature Not Verified

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Page 3 of 5

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Digitally Signed CRL.M.C. 3126/2025 By:NEELAM Signing Da te:3 1.05.2025 13:22:12

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Deed dated 10.09.2024 has been entered into between the parties and that in full and final settlement of all her claims including maintenance (past, present and future), stridhan , dowry, articles, jewellery, permanent alimony etc. she has received a sum of Rs. 28,20,000/from petitioner no. 1, in compliance of the terms of the said Settlement, she has received the entire amount of Rs. 28,20,000/- by way of five cheques and all five cheques have been encashed. She further confirms that as agreed, the child shall remain in care and custody of the respondent no. 2. The respondent no. 2 also confirms that the marriage has been dissolved vide the decree dated 05.12.2024 and no other litigation is pending between the parties. Furthermore, she has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

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In view of the foregoing, the learned counsels of the parties, jointly prayed, for quashing of the subject FIR. 13. The learned APP on behalf of the state submits that there is no objection if the subject FIR and all consequential proceedings arising therefrom are quashed. 14. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab &; Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would

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Signature Not Verified

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Page 4 of 5

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Digitally Signed CRL.M.C. 3126/2025 By:NEELAM Signing Da te:3 1.05.2025 13:22:12

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be a futile exercise and would not be conducive to peace and harmony between the parties.

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In conspectus of the above facts and the Settlement Deed dated 10.09.2024, the subject FIR bearing No. 96/2020 dated 25.02.2020 for offences under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at Police Station Hari Nagar and all consequential proceedings emanating therefrom, are hereby quashed.

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