Mahendra Singh & Ors. Vs Govt. of NCT of Delhi & Anr.

¶1

$~56

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 5176/2023&CRL.M.A. 19697/2023

¶4

MAHENDRA SINGH & ORS. .....Petitioners

¶5

Through: Mr. Jai Prakash, Adv along with petitioners in-person.

¶6

versus

¶7

GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Shubhi Gupta, APP for the State. W/SI Deepika Dabas, PS Baba Haridas Nagar. Respondent in-person.

¶8

CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

¶9

O R D E R

¶10

% 03.04.2025

¶11

This hearing has been done through hybrid mode.

¶12

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 360/2018, under Sections 498A/406/34 of the IPC, registered at P.S. Baba Haridas Nagar, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Kritika Jain, learned JMFC, South West, Dwarka Courts, Delhi.

¶13

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 05.05.2013 as per Hindu rites and ceremonies. No child was born out of the said wedlock.

¶14

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 10.08.2017. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband),

¶15

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 07/04/2025 at 12:53:10

¶16

petitioner no. 2 (brother-in-law) and petitioner no. 3 (sister-in-law).

¶17

Learned counsel appearing on behalf of the petitioners has placed on record a settlement agreement dated 17.01.2025 before the Mediation Centre, Dwarka Courts, wherein, it has been recorded that the parties have settled their disputes and respondent no. 2 has received a sum of Rs. 1,00,000/- as full and final settlement of all her claims including istridhan , permanent alimony and maintenance - present, past and future.

¶18

It is pointed out that the first motion has already been granted vide judgment dated 20.03.2025. Learned counsel for the parties submit that the second motion shall be initiated after quashing of the present FIR. 7. Respondent no.2/complainant along with her counsel is present before the Court and has been duly identified by the Investigating Officer. She 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.

¶19

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 9. 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 observing as under:-

¶20

“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

¶21

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 07/04/2025 at 12:53:10

¶22

Court shall be well within its jurisdiction to quash the criminal proceeding.”

¶23

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 and all other consequential proceedings emanating therefrom, including the chargesheet pending before the concerned Court of competent jurisdiction.

¶24

In the interest of justice, the petition is allowed, and the FIR No. 360/2018, under Sections 498A/406/34 of the IPC, registered at P.S. Baba Haridas Nagar, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Kritika Jain, Ld. JMFC, South West, Dwarka Courts, Delhi, is hereby quashed.

¶25

The parties shall remain bound by their agreement.

¶26

Petition is allowed and disposed of accordingly.

¶27

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

¶28

AMIT SHARMA, J

¶29

APRIL 3, 2025/ kr/sc

¶30

Click here to check corrigendum, if any

¶31

This is a digitally signed order.

¶32

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 07/04/2025 at 12:53:10

Mahendra Singh & Ors. v. Govt. of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Mahendra Singh & Ors. v. Govt. of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rajveer Vs State (Govt.of NCT of Delhi)

Vishal Kumar Vs State Govt. of NCT of Delhi

Prabhat Sengar Vs the State (Nct of Delhi)

Rahul Dev Vs State Gnct of Delhi

Arjun & Ors. Vs the State NCT of Delhi & Anr.

Durjan Singh Meena Vs Govt. of NCT Delhi and Anr.