Vishal Mehra & Ors. Vs State Gntcd & Anr.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 819/2023, dated 20.10.2023, registered at P.S Adarsh Nagar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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The factual matrix giving rise to the instant case is that the marriage between Petitioner No. 1 and Respondent no. 2/complainant

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was solemnized on 11.07.2008 as per Hindu Rites and ceremonies at Delhi. One girl child was born out of the said wedlock. However, on account of temperamental differences Petitioner No. 1 and Respondent No. 2 are living separately since 08.12.2016.

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As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. FIR No. 819/2023 was lodged at instance of respondent no. 2 under sections 498A/406/34 IPC against the petitioners.

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During the course of proceedings, the parties amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of a Settlement dated 31.08.2024. Pursuant to the aforesaid settlement, petitioner no. 1 and respondent no. 2 have obtained divorce on 19.03.2025. It is submitted that Petitioner No. 1 has paid the total settlement amount of Rs. 10,00,000/- (Rupees Ten Lacs Only) as per the schedule in settlement . It is further submitted that the custody of the child is with respondent no.2 and petitioner no. 1 has purchased an LIC policy i.e. ‘New Endowment Plan 914’ bearing no. 166275664 dated 24.07.2024 having maturity date of 24.07.2036 in favour of the child. Petitioner has also handed over 11 cheques of Rs. 32,900/- each as premium for the abovementioned policy in favour of the child to respondent no. 2. Copy of the Settlement dated 27.09.2024 has been annexed as Annexure P-2.

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Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Jayesh Kalra from PS Adarsh Nagar

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Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has received the total settlement amount along the premium cheques towards the LIC policy bearing no. ‘166275664’ and has no objection if the FIR No. 819/2023 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. 819/2023 is quashed.

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Hon’ble Supreme Court has recognized the need of amicable settlement of disputes in Rangappa Javoor vs The State Of Karnataka And Another , Diary No. 33313/2019, 2023 LiveLaw (SC) 74, Jitendra Raghuvanshi & Ors. vs Babita Raghuvanshi & Anr., (2013) 4 SCC 58 & in Gian Singh vs State of Punjab (2012) 10 SCC 303 .

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Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus

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if the parties have reached an amicable settlement. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC .

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In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the above mentioned FIR and the proceedings pursuant thereto.

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In the interest of justice, the petition is allowed, and the FIR No. 819/2023, dated 20.10.2023, registered at P.S Adarsh Nagar, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

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