Delhi High Court
Rahul Kumar & Ors vs The State Nct Of Delhi And Anr on 7 August, 2025
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07.08.2025
,,,,,,,,,,
+ CRL.M.C. 5341/2025 & CRL.M.A. 23017/2025 EXEMPTION
RAHUL KUMAR & ORS. .....Petitioners
Through: Mr. Vinod Pal and Ms.
Akanksha Rathore, Advs.
Petitioners no.1 and 3 in person.
versus
STATE NCT OF DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP with SI
Mahavir Singh, P.S.New
Friends Colony.
Mohd. Musharraf, Adv. for R-2.
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. 079/2023, dated
20.02.2023, registered at P.S New Friends Colony, 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
solemnized on 19.11.2018 as per Hindu rites and ceremonies at Delhi.
A boy child was born out of the said wedlock. Due to temperamental
differences Petitioner No. 1 and Respondent No. 2 started living
separately since 15.06.2022. 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. Chargesheet has since
been filed under section 498A/406/323/506/34 IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Memorandum of Understanding dated
30.08.2024. It is submitted that in terms of settlement Parties have
dissolved their marriage by mutual consent on 05.03.2025. It is
submitted that petitioner has paid the total settlement amount of Rs.
30,000/- (Rupees thirty thousand only) as per the schedule in
settlement. It is further agreed that the custody of the child would be
with Petitioner No. 1 and Respondent No. 2 would have visitation
rights four times a year. Copy of the Memorandum of Understanding
dated 26.04.2025 has been annexed as Annexure P-3 (Colly).
4. Petitioner No. 1 & 3 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 Mahavir Singh
from PS New Friends Colony.
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. 079/2023 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. 079/2023 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. 079/2023, dated 20.02.2023,
registered at P.S New Friends Colony, 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.
079/2023, dated 20.02.2023, registered at P.S New Friends Colony,
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 07, 2025
SK
