Disposed

Rahul Shrma & Ors. v. State Govt. of NCT of Delhi and Anr.

Delhi HC8 Jul 2025CRL.M.C./725/2025

Case brief

AI extract

What is this about?

Husband and family sought quashing of a 498A/406/34 IPC FIR after settling disputes via an MoU and obtaining mutual-consent divorce. The complainant confirmed receipt of settlement and consent; the State raised no objection. Relying on Gian Singh and Narinder Singh, the High Court quashed the FIR and all consequential proceedings.

What did the court decide?

FIR No. 0931/2021 dated 03.11.2021 and all consequential proceedings quashed.

Rahul Shrma & Ors. Vs State Govt. of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

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$~69

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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08.07.2025

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CRL.M.C. 725/2025, CRL.M.A. 3437/2025

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RAHUL SHRMA & ORS.

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.....Petitioners

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Through: Mr. J.K. Gupta and Mr. Rahul Kumar, Advs.

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR.

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.....Respondents Through: Mr. Satish Kumar, APP for State with IO Randhir Singh and WSI Sangeeta Malik, PS Binda Pur.

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CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR

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SHALINDER KAUR, J (ORAL)

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The present petition has been filed, on behalf of the petitioners, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR bearing No. 0931/2021 dated 03.11.2021 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Binda Pur, Delhi, (“subject

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Signature Not Verified

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Page 1 of 5

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Digitally Signed CRL.M.C. 725/2025 By:RASHIM KAPOOR Signing Da te:0 9.07.2025 15:21:34

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FIR”) and all consequential proceedings emanating therefrom. 2. The learned counsel for the petitioners submits that petitioner no. 1 is the husband of the respondent no. 2 and their marriage was solemnized on 23.11.2019, in accordance with the Hindu rites and customs. He submits that due to the irreconcilable and temperamental differences, the marriage of the petitioner no.1 and the respondent no. 2 has suffered an irretrievable breakdown and the parties have been living separately since 26.10.2020.

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The learned counsel submits that the incompatible behaviour, conduct and temperament of the parties, coupled with raising demands of dowry and increasing harassment, led to registration of the subject FIR and filing of litigation by the respondent no. 2. 4. He further submits that during the pendency of litigation between the parties, the parties, with the intervention and efforts of the relatives and well wishers, the parties had voluntarily, peacefully and amicably settled their disputes without any coercion, pressure, undue influence force, vide Settlement/Memorandum of Understanding (“MoU”) dated 24.08.2024 and that no further dispute subsists in relation thereto. Moreover, the divorce by way of mutual consent has also taken place between the parties vide the divorce decree dated 23.12.2024 passed by the learned Principal Judge, Family Court (HQs), South-West, Dwarka, New Delhi and no appeal is stated to have been filed from the said divorce decree.

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Signature Not Verified

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Page 2 of 5

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Digitally Signed CRL.M.C. 725/2025 By:RASHIM KAPOOR Signing Da te:0 9.07.2025 15:21:34

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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 Settlement/MoU dated 24.08.2024 has been duly executed between the petitioner no. 1 and the respondent No. 2. It is further submitted that, in terms of the said Settlement, the 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. 1 has agreed to pay a sum of Rs. 20,00,000/- to the respondent no. 2, as a full and final settlement of all her claims including maintenance (past, present and future), permanent alimony, stridhan and all other miscellaneous expenses. The said Settlement/MoU dated 24.08.2024 outlining the terms of settlement has been placed on record. 7. Pursuant to the said settlement, the parties appeared before this Court, wherein, the Investigating Officer has duly 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 Deed dated 24.08.2024 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,

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Signature Not Verified

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Page 3 of 5

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Digitally Signed CRL.M.C. 725/2025 By:RASHIM KAPOOR Signing Da te:0 9.07.2025 15:21:34

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permanent alimony etc. she has received the entire settlement amount of Rs. 20,00,000/- from the petitioner no. 1. The respondent no. 2 also confirms that the marriage has been dissolved vide the decree dated 23.12.2024 and that no litigation stand 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. 10. The learned APP, appearing on behalf of the State, submits that there is no objection is the subject FIR and all consequential proceedings arising therefrom are quashed.

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In these circumstances, and having regard to the principles laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. : (2014) 6 SCC 466, and in view of the fact that the parties have amicably resolved their disputes voluntarily and without any coercion, this Court is of the considered opinion that no useful purpose would be served by continuing with the criminal proceedings. On the contrary, such continuation is likely to foster further animosity between the parties. Accordingly, in the interest of justice, the subject FIR and all proceedings emanating therefrom deserve to be quashed. 12. In conspectus of the above facts and the Settlement Deed/MoU dated 24.08.2024, the subject FIR bearing No. 0931/2021 dated

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Signature Not Verified

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Page 4 of 5

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Digitally Signed CRL.M.C. 725/2025 By:RASHIM KAPOOR Signing Da te:0 9.07.2025 15:21:34

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03.11.2021 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Binda Pur, Delhi and all consequential proceedings emanating therefrom, are hereby quashed.

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