Naveen Kumar Gautam & Ors. Vs State/Nct of Delhi & Anr.

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. 0279/2024 for offences under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Prem Nagar (“subject FIR”) and all consequential proceedings arising therefrom.

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The learned counsel for the petitioners submits that the petitioner no. 1 is the husband of respondent no. 2 and their marriage

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Signature Not Verified

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Digitally Signed By:NEELAM Signing Da te:3 0.05.2025W.P.(CRL) 878/2025 20:34:12

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was solemnized on 22.02.2023, as per the Hindu rites and ceremonies. The petitioner no. 2, petitioner no. 6, petitioner no. 7, petitioner no. 8, petitioner no. 9 are the brothers-in-law and petitioner no. 3, petitioner no. 4, petitioner no. 5 are sisters-in-law of the respondent no. 2, respectively. No child namely has been born out of the said wedlock. Subsequent thereto, he submits, the temperamental differences developed between the petitioner no. 1 and respondent no. 2, coupled with the raising demands for 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 further submits that during the pendency of the litigations, the parties, on request, were referred to the Mediation Centre, Rohini Courts, New Delhi, wherein, they have arrived at an amicable and voluntary resolution of all disputes persisting between them on 06.07.2024. Subsequently, the marriage of the petitioner no. 1 and respondent no. 2 has been dissolved by mutual consent vide decree of divorce dated 02.12.2024, passed by the learned Principal Judge, Family Court, North West District, Rohini Courts, New Delhi. The present petition is premised on the 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 dated 06.07.2024, has been duly executed between the petitioners and 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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Signature Not Verified

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Digitally Signed By:NEELAM Signing Da te:3 0.05.2025W.P.(CRL) 878/2025 20:34:12

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As per the terms of the Mediation Settlement, the petitioner no. 1 has agreed to pay a total sum of Rs. 2,50,000/- to the respondent no. 2, as a full and final settlement of all her claims including maintenance (past, present and future), permanent alimony in three (03) instalments. The said Mediation Settlement dated 06.07.2024 embodying 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 09.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has received the entire settlement amount and has no objection if the subject FIR and all the consequential proceedings emanating therefrom are 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. 10. The respondent no.2, who is present in court, upon being queried, confirms that she has received the entire amount of Rs. 2,50,000/-, in 3 instalments, in full and final settlement of all her claims, including those pertaining to maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., in accordance with the terms of the Settlement. She also confirms that the marriage between the parties has been dissolved by way of mutual consent vide decree dated 02.12.2024, passed by the learned Principal Judge, Family Court, North West District, Rohini Courts, New Delhi, and that no other litigation remains pending between the parties.

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Signature Not Verified

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Digitally Signed By:NEELAM Signing Da te:3 0.05.2025W.P.(CRL) 878/2025 20:34:12

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Furthermore, she has no objection if the subject FIR and all consequential proceedings emanating therefrom are quashed.

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In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR.

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The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.

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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 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 Mediation Settlement dated 06.07.2024, the subject FIR bearing No. 0279/2024 for offences under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Prem Nagar and all consequential proceedings emanating therefrom, are hereby quashed.

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The present petition is, accordingly, disposed of, in the aforesaid terms.

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SHALINDER KAUR, J

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MAY 21, 2025/SU/KP

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Signature Not Verified

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Digitally Signed By:NEELAM Signing Da te:3 0.05.2025W.P.(CRL) 878/2025 20:34:12

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Naveen Kumar Gautam & Ors. v. State/Nct of Delhi & Anr.

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Naveen Kumar Gautam & Ors. v. State/Nct of Delhi & Anr.

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