Delhi High Court
Omkar Singh & Ors vs The State (N.C.T. Of Delhi) & Anr on 4 August, 2025
$~100
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 04.08.2025
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+ CRL.M.C. 2274/2025
OMKAR SINGH & ORS. .....Petitioners
Through: Petitioners in person.
versus
THE STATE (N.C.T OF DELHI) & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Suraj, PS-Hauz
Khas.
Respondent No. 2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 359/2022, dated
16.08.2022, registered at P.S Hauz Khas, Delhi under 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 08.03.2019 as per Hindu rites and customs at
Delhi. Due to temperamental differences Petitioner No. 1 and
Respondent No. 2 started living separately since 04.06.2019. 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. 359/2022 was lodged at instance of
Respondent No. 2 at PS Hauz Khas under section 498A/406/34IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Memorandum of Settlement dated
18.04.2024. In respect of the aforesaid settlement, Petitioner No. 1 and
Respondent No. 2 have dissolved their marriage by mutual consent on
24.10.2024. It is submitted that all conditions of the Settlement
Agreement have been fulfilled including the payment of the total
settlement amount of Rs. 26,50,000/- (Rupees Twenty Six lacsand
Fifty Thousand only) as per the schedule mentioned in the
Compromise Deed along the articles mentioned in the Deed. Copy of
the Memorandum of Settlement dated 18.04.2024 has been annexed as
Annexure P-2
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Suraj, from PS Hauz Khas.
5. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has no objection if the FIR No. 359/2022 is quashed against the
Petitioners.
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. 359/2022 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Court has 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. 359/2022, dated 16.08.2022,
registered at P.S Hauz Khas, 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.
359/2022, dated 16.08.2022, registered at P.S Hauz Khas, Delhi under
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
