Delhi High Court
Manmohan Singh @ Manmohan Singh Sethi … vs State Govt. Of Nct Of Delhi And Anr. on 9 April, 2025
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 09.04.2025
+ CRL.M.C. 1978/2025
MANMOHAN SINGH @ MANMOHAN SINGH SETHI AND
OTHER .....Petitioners
Through: Ms. Neha Jain and Ms. Anjali
Sisodia, Advs.
versus
STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents
Through: Mr. Raghuinder Verma, APP
for State with SI Kiran Dayal,
PS Moti Nagar.
Mr. Shreesh Pathak, Adv. for
complainant along with
complainant.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
SHALINDER KAUR, J (ORAL)
CRL.M.A. 8881/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 1978/2025
3. The present non-contentious petition under Section 528
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed
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By:NEELAM
Signing Date:12.04.2025
15:06:49
seeking quashing of FIR No. 126/2016 (“subject FIR”) for the
offences under Section 498A, 406 and 34 Indian Penal Code, 1860
(IPC) registered at Police Station Moti Nagar and all consequential
proceedings arising therefrom.
4. Issue notice.
5. Notice is accepted by Mr. Raghuinder Verma, the learned APP
for State and by Mr. Shreesh Pathak, the learned counsel for
respondent no.2/complainant.
6. Briefly stated, the facts of the case are that the petitioner no.1
and respondent no.2 got married on 23.06.2013 as per Sikh rites and
rituals, however, due to extreme incompatibilities between the
petitioners and respondent no.2, they started living separately from
21.06.2015. One female child, namely Barkat Deep Kaur, is also born
out of the said wedlock. Soon after, on 08.02.2016, the subject FIR
was lodged against the petitioners and thereafter, the parties were
referred to mediation by this Court on 23.04.2024.
7. Apropos to the mediation, the petitioners and respondent no.2,
have entered into an amicable settlement before the Delhi High Court
Mediation and Conciliation Centre, Delhi High Court, Delhi vide the
settlement deed dated 30.08.2024 and have settled all their disputes
amicably.
8. The complainant/respondent no.2 through appearing Video-
Conferencing submits that she has received a total amount of
Rs. 50,00,000/- from the petitioner no. 1 by way of six Demand Drafts
(“DDs”), three DDs in her name and three DDs in the name of her
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By:NEELAM
Signing Date:12.04.2025
15:06:49
minor child. The particulars of which are as follows:-
S. No. DD No. DD date Amount In favour
(in Rs.) of
1. 506410 13.09.2024 10,00,000 Minor Child
2. 506409 13.09.2024 5,00,000 Respondent
no. 2
3. 500922 28.11.2024 10,00,000 Minor Child
4. 500923 28.11.2024 5,00,000 Respondent
no. 2
5. 500963 04.03.2025 10,00,000 Minor Child
6. 500971 13.03.2025 10,00,000 Respondent
no. 2
9. The settlement between the parties and the identification have
been done before the Joint Registrar (Judicial) vide the Order dated
24.03.2025.
10. In view thereto, the respondent no. 2 has received the entire
sum of Rs. 50,00,000/- as full and final settlement, and their marriage
has been dissolved by way of mutual consent decree dated 08.01.2025
passed by the learned Judge, Family Court-02, West District, Tis
Hazari Courts, Delhi in HMA No. 3290/2024 under Section 13B(2) of
the Hindu Marriage Act, 1955 and no other litigation remains pending
between the parties.
11. The petitioners are present in court and respondent no.
2/complainant is present through Video Conferencing. They have also
been identified by their respective counsels and the I.O. The report of
the Joint Registrar (Judicial) vide the Order dated 24.03.2025 has also
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By:NEELAM
Signing Date:12.04.2025
15:06:49
been perused.
12. The learned counsel for the parties submit that in pursuance to
the settlement, the parties have withdrawn the respective litigations
filed by them.
13. The Court has also queried from the respondent no. 2, who
confirms that the Settlement/Agreement dated 30.08.2024 has been
entered into between the parties; and that in full-and-final settlement
of all her claims including towards maintenance (past, present and
future), stridhan, dowry articles, jewellery, permanent alimony, etc.,
she has received a sum of Rs. 50,00,000/- from the petitioner no.1 as
full and final settlement, in compliance of the terms of the said
Settlement/Agreement. The respondent no. 2 also confirms that she
has received the aforesaid amount of alimony and all aspects of the
settlement have now been performed. The respondent no.1 too
confirms to all the contents of the settlement.
14. Mr. Raghuinder Verma, learned APP affirms that the State has
no objection to the subject FIR being quashed.
15. In 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
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By:NEELAM
Signing Date:12.04.2025
15:06:49
the parties.
16. Accordingly, FIR No. 126/2016 dated 08.02.2016 registered at
the Police Station Moti Nagar under Sections 498A/406/34 of the IPC
is hereby quashed. All proceedings arising therefrom also stand
closed.
17. Accordingly, the petition as well as pending application stands
disposed of.
SHALINDER KAUR, J
APRIL 9, 2025/ss/frk
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Signature Not Verified
Digitally Signed CRL.M.C. 1978/2025 Page 5 of 5
By:NEELAM
Signing Date:12.04.2025
15:06:49