Delhi High Court
Devesh And Anr vs State Nct Of Delhi And Anr on 5 August, 2025
$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.08.2025
,,,,,,,,,,
+ CRL.M.C. 5254/2025 & CRL.M.A. 22714/2025 EXEMPTION
DEVESH & ANR. .....Petitioners
Through: Mr. Rajiv Ranjan, Adv. along
with petitioners in person.
versus
STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Jarwail Singh,
ASI Namo Narayan
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. 0323/2021, dated
20.09.2021, registered at P.S Inder Puri, 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 10.02.2016 as per Hindu rites and customs at
Delhi. A girl child was born out of the said wedlock. Due to
temperamental differences Petitioner and Respondent No. 2 started
living separately since 17.10.2019. 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. Chargesheet has since
been filed under section 498A/406/34IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Mediation Settlement Deed dated
09.04.2024 at Delhi Mediation Centre, PHC Courts, Delhi. It is
submitted that the custody of the child would be with Petitioner No. 1
and Respondent No. 2 shall have visitation rights as per the schedule
mentioned in the settlement. Copy of the Mediation Settlement Deed
dated 09.04.2024 has been annexed as Annexure P-4.
4. Petitioner No. 1 and Respondent No. 2 are physically present
before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer SI Jarwail Singh, from
PS Inder Puri.
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. 0323/2021 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. 0323/2021 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. 0323/2021, dated 20.09.2021,
registered at P.S Inder Puri, 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.
0323/2021, dated 20.09.2021, registered at P.S Inder Puri, 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
