Delhi High Court
Rajesh Kumar & Ors vs The State (Nct Of Delhi) & Anr on 5 August, 2025
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.08.2025
+ CRL.M.C. 5257/2025
RAJESH KUMAR & OTHERS. .....Petitioners
Through: Mr. Adnan Ahmad, Adv, with
petitioners in person.
versus
THE STATE (NCT OF DELHI) & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Satya Prakash,
ASI Aziz Ahemad.
Mr. Aparajit Sharma, Adv, for
R-2, with R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 22732/2025 (exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 0090/2023, dated
15.03.2023, 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 19.02.2006 as per Hindu rites and customs at New
Delhi. Two children were 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
petitioners. Chargesheet has since been filed under section
498A/406/34 IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Settlement dated 19.05.2025 at
Counselling Cell, Family Courts, South District, Saket Courts, Delhi.
In respect of the aforesaid settlement, Petitioner No. 1 and Respondent
No. 2 have started living together since 19.05.2025. It is submitted
that Petitioner No. 1 would be paying an amount of Rs. 80,000/-
(Rupees Eighty Thousandonly) per month to Respondent No. 2 as
pocket money. Copy of the Settlement dated 19.05.2025 has been
annexed as Annexure P-3.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Satya Prakash, from PS Tigri.
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. 0090/2023 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. 0090/2023 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. 0090/2023, dated 15.03.2023,
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.
0090/2023, dated 15.03.2023, 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
