Rahul Shrma & Ors vs State Govt. Of Nct Of Delhi And Anr on 8 July, 2025

Delhi High Court

Rahul Shrma & Ors vs State Govt. Of Nct Of Delhi And Anr on 8 July, 2025

                  $~69
                  *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                            Date of Decision: 08.07.2025

                  +      CRL.M.C. 725/2025, CRL.M.A. 3437/2025
                         RAHUL SHRMA & ORS.
                                                                            .....Petitioners
                                            Through:     Mr. J.K. Gupta and Mr. Rahul
                                                         Kumar, Advs.

                                            versus

                         STATE GOVT. OF NCT OF DELHI AND ANR.
                                                                       .....Respondents
                                            Through:     Mr. Satish Kumar, APP for
                                                         State with IO Randhir Singh
                                                         and WSI Sangeeta Malik, PS
                                                         Binda Pur.

                         CORAM:
                         HON'BLE MS. JUSTICE SHALINDER KAUR
                  SHALINDER KAUR, J (ORAL)

1. 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

Signature Not Verified
Digitally Signed CRL.M.C. 725/2025 Page 1 of 5
By:RASHIM KAPOOR
Signing Date:09.07.2025
15:21:34
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.

3. 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.

Signature Not Verified
Digitally Signed CRL.M.C. 725/2025 Page 2 of 5
By:RASHIM KAPOOR
Signing Date:09.07.2025
15:21:34

5. 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.

6. 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.

8. 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,

Signature Not Verified
Digitally Signed CRL.M.C. 725/2025 Page 3 of 5
By:RASHIM KAPOOR
Signing Date:09.07.2025
15:21:34
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.

9. 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.

11. 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

Signature Not Verified
Digitally Signed CRL.M.C. 725/2025 Page 4 of 5
By:RASHIM KAPOOR
Signing Date:09.07.2025
15:21:34
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.

13. The present petition along with pending application is,
accordingly, disposed of, in the aforesaid terms.

SHALINDER KAUR, J
JULY 8, 2025/SU/KP
Click here to check corrigendum, if any

Signature Not Verified
Digitally Signed CRL.M.C. 725/2025 Page 5 of 5
By:RASHIM KAPOOR
Signing Date:09.07.2025
15:21:34