Delhi High Court
Ashish Jain & Ors vs State Of Delhi & Anr on 5 August, 2025
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.08.2025
,,,,,,,,,,
+ W.P.(CRL) 605/2025
ASHISH JAIN & ORS. .....Petitioners
Through: Mr. Adv. (appearance not
given)
P-1, P-2 & P-4 in person.
versus
STATE OF DELHI & ANR. ... Respondents
Through: Mr. Sanjay Lao, Standing
Counsel, Ms. Priyam Aggarwal,
Adv. Mr. Abhinav Kumar Arya,
Adv. Mr. Aryan Sachdeva,
Adv. with ASI Om Prakash, PS
Paschim Vihar East.
Mr. Avadh Bihari Kaushik,
Adv., Mr. Rishabh Kumar,
Adv. for R-2.
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
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking
quashing of FIR No. 0538/2023, dated 29.06.2023, registered at P.S
Paschim Vihar East, 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 21.06.2022 as per Hindu rites and customs at Uttar
Pradesh. Due to temperamental differences Petitioner and Respondent
No. 2 started living separately since 10.11.2022. 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.
She further submits that she was coerced into undergoing an abortion
by the petitioners. Subsequently FIR No. 0538/2023 was lodged at
instance of Respondent No. 2 under section 498A/406/34IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Mediation Settlement Deed dated
23.07.2024 at Delhi Mediation Centre, Tis Hazari Courts, Delhi. In
respect of the aforesaid settlement, Petitioner No. 1 and Respondent
No. 2 have dissolved their marriage by mutual consent on 27.11.2024.
It is submitted that all conditions of the Settlement Agreement have
been fulfilled including the payment of the total settlement amount of
Rs. 50,00,000/- (Rupees Fifty Lacs only) as per the schedule
mentioned in the Settlement Deed. Copy of the Mediation Settlement
Deed dated 23.07.2024 has been annexed as Annexure P-2
4. Petitioner No. 1, 2 & 4 as well Respondent No. 2 are physically
present before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer ASI Om Prakash, from
PS Paschim Vihar East.
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. 0538/2023 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. 0538/2023 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. 0538/2023, dated 29.06.2023,
registered at P.S Paschim Vihar East, 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.
0538/2023, dated 29.06.2023, registered at P.S Paschim Vihar East,
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
