Delhi High Court
Sh Vinay Mishra & Ors vs State Govt Of Nct Of Delhi & Anr on 15 July, 2025
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 15.07.2025
+ CRL.M.C. 4586/2025
SH VINAY MISHRA & ORS.
.....Petitioners
Through: Mr. Pankaj Mishra, Adv.
versus
STATE GOVT OF NCT OF DELHI & ANR.
.....Respondents
Through: Mr. Satish Kumar, APP for
State with Insp. Suruti, PS
Uttam Nagar.
Mr. Pankaj Mishra, Adv. for R-
2.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
SHALINDER KAUR, J (ORAL)
CRL.M.A. 19958/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 4586/2025, CRL.M.A. 19959/2025
3. 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. 817/2020 dated 23.10.2020 for
Signature Not Verified
Digitally Signed CRL.M.C. 4586/2025 Page 1 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
offences punishable under Sections 498A/406/34 of the Indian Penal
Code, 1860 registered at Police Station Dabri, New Delhi, (“subject
FIR”) and all consequential proceedings emanating therefrom.
4. 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 24.05.2014, in accordance with the Hindu rites and
customs at Amethi, Uttar Pradesh. One girl child was born, on
07.01.2016. out of the wedlock and is in the custody of the
mother/respondent no. 2. 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 17.11.2017.
5. 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.
6. He further submits that during the pendency of litigation
between the parties, with the intervention and efforts of the relatives
and well wishers, the parties had voluntarily, peacefully and amicably
settled their disputes before the Counselling Cell, Dwarka Court, New
Delhi on 13.05.2022 without any coercion, pressure, undue influence
force 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 16.11.2023 passed by the learned
Signature Not Verified
Digitally Signed CRL.M.C. 4586/2025 Page 2 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
Principal Judge, Family Court, Dwarka Court, New Delhi and no
appeal is stated to have been filed from the said divorce decree.
7. 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 Deed dated
13.05.2022 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.
8. As per the terms of Settlement, the petitioner no. 1 has agreed to
pay a sum of Rs. 6,25,000/- 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. It is further agreed that the girl child will remain in custody
of respondent no. 2 and the petitioner shall have visitation rights, to
visit his daughter once a year at a mutually agreed place. The said
Counselling Cell Settlement Deed dated 13.05.2022 outlining the
terms of settlement has been placed on record.
9. 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.
10. The complainant/respondent no. 2, who is present-in-person
Signature Not Verified
Digitally Signed CRL.M.C. 4586/2025 Page 3 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
before this Court, upon being queried, confirms that the Counselling
Cell Settlement Deed dated 13.05.2022 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, permanent alimony etc., she has received the entire
settlement amount of Rs. 6,25,000/- from the petitioner no. 1. The
respondent no. 2 also confirms that the marriage has been dissolved
vide the decree dated 07.10.2023 and that no litigation stand pending
between the parties. She further states that as per the settlement, one
girl child shall remain in the custody of the mother/respondent no. 2
and the father/petitioner no. 1 will have visitation rights to meet the
daughter once in a year at a mutually agreed place and time.
Furthermore, she has no objection if the subject FIR and all
consequential proceedings arising therefrom are quashed
11. In view of the foregoing, the learned counsels of the parties,
jointly prayed, for quashing of the subject FIR.
12. 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.
13. 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
Signature Not Verified
Digitally Signed CRL.M.C. 4586/2025 Page 4 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
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.
14. In conspectus of the above facts and the Counselling Cell
Settlement Deed dated 13.05.2022, the subject FIR bearing No.
817/2020 dated 23.10.2020 for offences punishable under Sections
498A/406/34 of the Indian Penal Code, 1860 registered at Police
Station Dabri, New Delhi, and all consequential proceedings
emanating therefrom, are hereby quashed.
15. The present petition along with pending application is,
accordingly, disposed of, in the aforesaid terms.
SHALINDER KAUR, J
JULY 15, 2025/SU/KP
Signature Not Verified
Digitally Signed CRL.M.C. 4586/2025 Page 5 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
[ad_1]
Source link