Delhi High Court
Karan Kumar vs State Nct Of Delhi & Anr on 5 August, 2025
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.08.2025
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+ CRL.M.C. 5252/2025 & CRL.M.A. 22706/2025 EXEMPTION
KARAN KUMAR .....Petitioner
Through: Mr. Sunil Kumar, Ms.
Geetanjali Rana & Mr. Mayank
Pandey, Advs. along with
petitioner in person.
versus
STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with ASI Anil Kumar
Mr. S.K. Tiwari & Mr. Sarthak
Dua, Advs. for R-2 along with
R-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. 0182/2019, dated
06.07.2019,registered at P.S Tigri, 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 05.05.2013 as per Hindu rites and customs at
Delhi. A male child was born out of the said wedlock. As per
averments made in the FIR, Respondent No. 2 was subjected to
physical and mental harassment on account of dowry demands by the
petitioner. Chargesheet has since been filed under section
498A/406/34 IPC.Petitioner has been discharged under section 406/34
IPC and charged only under section 498A IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Memorandum of Understanding dated
18.12.2021. In respect of the aforesaid settlement, Petitioner and
Respondent No. 2 have dissolved their marriage by mutual consent on
19.01.2023. It is submitted that all conditions of the Settlement
Agreement have been fulfilled including the payment of the total
settlement amount of Rs. 1,70,000/- (Rupees One lac and Seventy
Thousand only) as per the schedule mentioned in the Settlement Deed.
It is further submitted that the custody of the child would be with
Respondent No. 2. Copy of the Memorandum of Understanding dated
18.12.2021 has been annexed as Annexure P-4.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer ASI Anil Kumar from PS Tigri.
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. 0182/2019 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. 0182/2019 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. 0182/2019, dated 06.07.2019,
registered at P.S Tigri, 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.
0182/2019, dated 06.07.2019, registered at P.S Tigri, 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 05, 2025
SK
