Delhi High Court
Bharat Khanna & Ors vs State Of Delhi & Anr on 13 August, 2025
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13.08.2025
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+ W.P.(CRL) 2513/2025
BHARAT KHANNA & ORS. .....Petitioners
Through: Mr. S.P.M. Tripathi, Mr.
Deepak Sharma, Mr. Rahul
Poonia, Advs.
P-1, P-2, P-5 in person, P-3, P-4
through VC.
versus
STATE OF DELHI & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing
Counsel with Mr. Priyam
Agarwal, Mr. Abhinav Kumar
Arya, Mr. Aryan, Sachdeva,
Advs with SI Rupesh, PS
Bharat Nagar.
Mr. Vineet Aggarwal, Ms.
Bhavya Aggarwal, Mr. Kunal
Chauhan, Mr. Agam Sood,
Advs 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 Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 242/2022, dated 08.03.2022, registered at
P.S Bharat Nagar, 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 18.04.2018 as per Hindu rites and ceremonies. Due to
temperamental differences Petitioner No. 1 and Respondent No. 2
have started living separately since 01.11.2022. 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.
FIR No. 242/2022 was lodged at instance of Respondent No. 2 at PS
Bharat Nagar under section 498A/406/34 IPC against the petitioners.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Compromise/Settlement Deed dated
02.01.2025 (Attested on 23.06.2025). It is submitted that in terms of
settlement, parties have obtained divorce by mutual consent. It is also
submitted that Petitioner No. 1 has paid the total settlement amount of
Rs. 24,00,000/- (Rupees twenty four lacs only) as per the schedule in
settlement. Copy of the Compromise/Settlement Deed dated
02.01.2025 has been annexed as Annexure P/2.
4. Petitioner no. 1, 2, 5 & 6 and Respondent no. 2 are physically
present before the Court while Petitioner no. 3 & 4 have entered their
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer SI Rupesh, from PS
Bharat Nagar.
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. 242/2022 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. 242/2022 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. 242/2022, dated 08.03.2022,
registered at P.S Bharat Nagar, 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.
242/2022, dated 08.03.2022, registered at P.S Bharat Nagar, 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 13, 2025
SK
