Delhi High Court
Gurjeet Singh & Ors vs State Nct Of Delhi And Anr on 7 August, 2025
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07.08.2025
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+ W.P.(CRL) 2442/2025
GURJEET SINGH & ORS. .....Petitioners
Through: Mr. Tushar Mehta, Mr. Aditya
Mehta, Mr. Kulbhushan Mehta,
Advocates.
Petitioner No. 1 in person.
Petitioner Nos. 2 and 3
throughVC.
versus
STATE NCT OF DELHI AND ANR ... Respondents
Through: Mr. Sanjay Lao, SC, Mr.
Priyam Aggarwal, Mr. Abhinav
Kumar Arya, Mr. Aryan
Sachdeva, Advocates with WSI
Rinki, PS KNK Marg.
Mr. Deepanshu Gola, Advocate
for R-2 with respondent No. 2
in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a writ petition under Article 226 of the Constitution
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, seeking quashing of FIR No. 0164/2023, dated 28.04.2023,
registered at P.S K.N. Katju Marg 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 on14.02.2017 as per Hindu rites and ceremonies at
Ghaziabad. No child was born out of the said wedlock. It is submitted
that due to temperamental differences, the couple started living
separately since 22.07.2022. Respondent No.2 filed the following
cases against Petitioner No.1 and his family members:
i. FIR No. 0164/2023, dated 28.04.2023, registered at P.S K.N.
Katju Marg under sections 498A/406/34 IPC
ii. Complaint case under section 12 of DV Act bearing Ct. case no.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement Deed dated 24.02.2025. In terms
of the settlement, petitioner No. 1 and respondent No. 2 have obtained
divorce by mutual consent. It is submitted that all the previous
complaints and litigations initiated by the parties has been withdrawn
and all conditions of the Settlement Agreement have been fulfilled
including the payment of the total settlement amount of Rs.2,00,000/-
(Rupees two lacs). The copy of Settlement Deed dated 24.02.2025 has
been placed on record as Annexure C.
4. Petitioner No. 1 and respondent No. 2 are physically present
before the Court while petitioner Nos. 2 and 3 have entered their
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer WSI Rinki, from PS
KNK Marg.
5. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear, coercion and she has received
the payment of the entire settlement amount of Rs. 2,00,000/- (Rupees
two lacs) from the Petitioner No.1. She further submits that she has no
objection if the FIR No. 0164/2023 is quashed against the Petitioners
and has also tendered her Affidavit cum No Objection to that effect.
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. 0164/2023 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. 0164/2023, dated 28.04.2023,
registered at P.S K.N. Katju Marg under sections 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.
0164/2023, dated 28.04.2023, registered at P.S K.N. Katju Marg under
sections 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
AK
