Delhi High Court
Sunil Kumar & Anr vs The State Govt Of Nct Of Delhi And Anr on 28 July, 2025
$~96
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 28.07.2025
,,,,,,,,,,
+ CRL.M.C. 4981/2025
SUNIL KUMAR & ANR. .....Petitioners
Through: Mr. Manmohan Tiwari, Adv.
along with petitioners in person.
versus
THE STATE GOVT OF NCT OF DELHI & ANR.
... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Monika, PS
Mandawali
Mr. I.V. Raghav, Adv. for R-2
along 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. 0051/2021, dated
27.01.2021, registered at P.S Mandawli, Fazalpur 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 21.02.2020 as per Hindu rites and customs. Due to
temperamental differences Petitioner No. 1 and Respondent No. 2
started living separately since 10.05.2020. 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. She
further alleged that petitioners withheld her stridhan. Subsequently,
FIR No. 0051/2021, dated 27.01.2021 was lodgedd at instance of
Respondent No. 2 at P.S Mandawli, Fazalpur under section
498A/406/34 IPC. Chargesheet has been filed under sections
498A/406/34 IPC against the petitioners.
3. During the course of proceedings, the parties amicably resolved
their disputes before the Counsellor, Family courts vide Settlement
Agreement dated 25.04.2024. In view of the aforesaid settlement,
Petitioner No. 1 and Respondent No. 2 have obtained divorce vide
order dated 29.01.2025 under sections 13B(1)/(2) of HMA. It is
submitted that all conditions of the Settlement Agreement have been
fulfilled including the payment of the total settlement amount of Rs.
9,50,000/- (Rupees nine lacsfifty thousand only) as per the schedule
mentioned in the Settlement Deed. The copy of Settlement Agreement
dated 25.04.2024 has been placed on record 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 Monika, from PS Mandawli, Fazalpur.
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. 0051/2021 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. 0051/2021 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. 0051/2021, dated 27.01.2021,
registered at P.S Mandawli, Fazalpur 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.
0051/2021, dated 27.01.2021, registered at P.S Mandawli, Fazalpur
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
JULY 28, 2025
SK
