Delhi High Court
Chandan Chauhan vs The State Nct Of Delhi And Anr on 4 August, 2025
$~96
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 04.08.2025
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+ W.P.(CRL.) 2411/2025 & CRL.M.A. 22591/2025
CHANDAN CHAUHAN .....Petitioner
Through: Mr. Sharjeel Ahmad, Mr. Saket
Advs.
Petitioner through VC.
versus
THE STATE NCT OF DELHI AND ANR. ... Respondents
Through: Mr. Sanjay Lao, Standing
Counsel with Priyam Aggarwal,
Mr. Abhinav Kumar Arya, Mr.
Aryan Sachdeva, Advocates.
SI Amit Kumar, ASI Karan
Singh, PS-Dwarka South.
Mr. C. Shekhar Malhotra, Mr.
Yash Pal Sikri, Advocates.
Respondent No. 2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 615/2022, dated 29.11.2022, registered at
P.S Dwarka (South), Delhiunder Sections 498A/406/34 IPC and all
proceedings emanating therefrom on the basis of settlement between
the parties.
2. The marriage between Petitioner No. 1 and Respondent No. 2
was solemnized on 19.11.2009 as per Hindu rites and customs at
Delhi. A boy child was born out of the said wedlock in 2011. Due to
temperamental differences Petitioner No. 1 and Respondent No. 2
started living separately since August 2022. As per averments made in
the FIR, Respondent No. 2 was subjected to physical and mental
harassment on account of dowry demands by the petitioners.
Subsequently FIR No. 615/2022 has been lodged at instance of
Respondent No. 2 at PS Dwarka (South), Delhiunder section
498A/406/34IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Settlement dated 27.09.2024 at
Mediation Centre, Dwarka Courts, New Delhi. It is submitted that
Petitioner has paid Rs. 40,000/- per month as maintenance towards
Respondent No. 2 and their child from October 2024 till December
2024 and has further agreed to pay Rs. 50,000/- per month as
maintenance from January 2025 onwards. He further agrees to bear all
educational expenses of their child with visitation rights at his school
in Nainital, Uttarakhand and Respondent No. 2 and her son would also
visit Petitioner in Mumbai during school vacations. It is further
submitted that petitioner has agreed to pay LIC premium in wife's
name as per the schedule mentioned in the Settlement. Copy of the
Settlement dated 27.09.2024 has been annexed as Annexure P-3
4. Respondent No. 2 is physically present before the Court while
Petitioner has entered his appearance through VC. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Amit Kumar, from PS Dwarka South.
5. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioner without any force, fear, coercion and she has
no objection if the FIR No. 615/2022 is quashed against the Petitioner.
6. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 615/2022 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Courthas recognized the need of amicable resolution of
disputes by observing as under:-
"61. In other words, the High Court must consider whether it would
be unfair or contrary to the interest of justice to continue with the
criminal proceedings or continuation of criminal proceedings
would tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put
to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceedings."
8. In view of the aforesaid circumstances and the fact that parties
have put a quietus to the dispute, no useful purpose will be served in
continuing with the present FIR No. 615/2022, dated 29.11.2022,
registered at P.S Dwarka (South), Delhi under section 498A/406/34
IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
615/2022, dated 29.11.2022, registered at P.S Dwarka (South),
Delhiunder section 498A/406/34 IPC and all the other consequential
proceeding emanating therefrom is hereby quashed.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
August 04, 2025
SK
