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Rajat Pillai & Anr. v. Govt. of NCT of Delhi & Anr.

Delhi HC14 May 2025CRL.M.C./444/2025

Case brief

AI extract

What is this about?

Quashing of FIR on settlement; Section 528 BNSS 2023; Sections 498A/406/34 IPC; FIR No. 0152/2020 PS Dwarka North; matrimonial dispute; Mediation Centre Dwarka; Settlement Agreement 12.01.2024; mutual consent divorce Section 13B(1) Hindu Marriage Act 1955; Rs. 10,00,000 settlement; Gian Singh v. State of Punjab (2012) 10 SCC 303; charge sheet quashed; CRL.M.C. 444/2025; Justice Ravinder Dudeja; Delhi High Court; decision dated 14.05.2025.

What did the court decide?

Quashing of FIR No. 0152/2020 dated 27.03.2020 registered at P.S Dwarka North under sections 498A/406/34 IPC, the charge sheet and all consequential proceedings emanating therefrom; petition allowed and disposed of; pending application(s), if any, disposed of. ¶36

Rajat Pillai & Anr. Vs Govt. of NCT of Delhi & Anr. — Domestic Violence | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 0152/2020 dated 27.03.2020 registered at P.S Dwarka North under sections 498A/406/34 IPC, the charge sheet and all proceedings emanating therefrom should be quashed on the basis of the settlement between the parties.

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Court's answer

In view of the settlement between the parties and the fact that they have put a quietus to the dispute, no useful purpose will be served in continuing with FIR No. 0152/2020, the charge sheet and the consequential proceedings emanating therefrom.

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Ratio / Principle

In the interest of justice, the petition is allowed: FIR No. 0152/2020 dated 27.03.2020 registered at P.S Dwarka North under sections 498A/406/34 IPC, along with the charge sheet and all other consequential proceedings emanating therefrom, is quashed.

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Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J.) allowed a petition under Section 528 BNSS, 2023 by the husband and a family member seeking quashing of FIR No. 0152/2020 (P.S. Dwarka North) under Sections 498A/406/34 IPC and all proceedings emanating therefrom, on the basis of settlement. The parties, married on 08.02.2011 and living separately since 03.11.2018, resolved their disputes before the Mediation Centre, Dwarka Courts vide Settlement Agreement dated 12.01.2024; a mutual-consent divorce under Section 13B(1) Hindu Marriage Act, 1955 was granted on 02.05.2024; the total settlement amount of Rs. 10,00,000 was paid, with the final demand draft of Rs. 2,00,000 duly honoured, and Respondent No.2 (the complainant) as well as the State raised no objection. Relying on Gian Singh v. State of Punjab (2012) 10 SCC 303, the Court held that the parties having put a quietus to the dispute, no useful purpose would be served in continuing the proceedings, and quashed the FIR, the charge sheet and all consequential proceedings.

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$~92

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

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% Date of decision: 14.05.2025

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CRL.M.C. 444/2025 & CRL.M.A. 2131/2025 EXEMPTION RAJAT PILLAI & ANR. .....Petitioners Through: Mr. Abhishek Kaushik, Adv. along with petitioners through VC.

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versus

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GOVT. OF NCT OF DELHI & ANR. … Respondents

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Through: Mr. Satinder Singh Bawa, APP for the State with SI Gaurav, PS Dwarka North Mr. Arjun Wadhwa, Ms. Akansha Anand & Mr. Siddharth Mohan, Advs. for R- 2 along with R-2 through VC.

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

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JUDGMENT (ORAL)

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RAVINDER DUDEJA, J.

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This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0152/2020, dated 27.03.2020, registered at P.S Dwarka North under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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CRL.M.C. 444/2025 Page 1 of 5

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 4.05.2025 20:09:18

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The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 08.02.2011 as per Hindu rites and ceremonies at Delhi. One child namely Ashveka P. Thakur was born on 08.11.2013 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 03.11.2018. Thereafter, Respondent No.2 filed a complaint under section 12 of the DV Act and also lodged the aforesaid FIR against Petitioner No. 1 and his family members.

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During the proceedings, the parties were referred to Mediation Centre, Dwarka Courts, New Delhi where they amicably resolved their disputes and executed a Settlement Agreement dated 12.01.2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court-02, Dwarka Courts, New Delhi allowed the mutual divorce petition on 02.05.2024, thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement including payment of total settlement amount of Rs. 10,00,000/- (Rupees Ten Lacs) to the Respondent No.2 has been fulfilled as per the schedule mentioned in the Settlement Agreement. The copy of Settlement Agreement dated 12.01.2024 has been placed on record as Annexure A-3.

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CRL.M.C. 444/2025 Page 2 of 5

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 4.05.2025 20:09:18

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

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“07.05.2025

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Mr. Arjun Wadhwa, Ld. Counsel for Respondent no. 2 through VC & Respondent no. 2 appeared in person and submits that the demand draft for a sum of Rs. 2,00,000/- bearing no. 507860, drawn on ICICI Bank, dated 18.01.2025 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. 152/2020, Under Section 498-A/406/34 IPC, registered at PS Dwarka North, 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 25.04.2025.

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Let the pre-verified statement along with this order be placed before the Hon’ble Court on 14th May, 2025 .

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Parties have entered their appearance through VC with advocates for petitioners. while respondent no.2 is physically present in Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Gaurav, from PS Dwarka North.

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Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and she has received the total settlement amount of Rs. 10,00,000/- (Rupees Ten Lacs) from the Petitioners as per the schedule mentioned in the Settlement Agreement dated 12.01.2024. She further submits that she has no

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CRL.M.C. 444/2025 Page 3 of 5

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 4.05.2025 20:09:18

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objection if the FIR No. 0152/2020 alongwith charge sheet 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. 0152/2020 alongwith charge sheet 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. 0152/2020, dated 27.03.2020, registered at P.S Dwarka North under sections 498A/406/34 IPC alongwith chargesheet and all the other consequential proceeding emanating therefrom.

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