Delhi High Court
Anand Prakash And Ors vs The State Of Nct Of Delhi And Anr on 7 July, 2025
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07.07.2025
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+ CRL.M.C. 4045/2025 and CRL.M.A. 17579/2025
ANAND PRAKASH AND ORS .....Petitioners
Through: Mr. Rajesh Kumar and
Mr.Sanjay Jain, Advocates.
versus
THE STATE OF NCT OF DELHI AND ANR.....Respondents
Through: Mr. Hitesh Vali, APP for the
State.
SI Sandeep Singh, PS -
Gazipur.
Mr. Chaman Kumar, Ms.
Surbhi and Mr. Akhil Sharma,
Advocates for respondent no.2
with respondent no. 2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. The present petition is filed under Section 482 Cr.P.C. (Old
Act) / Section 528 BNSS (New Act) for quashing of FIR No.0630 /
2022 IPC U/S 498A/406/34 IPC, P.S. Ghazipur, Delhi.
2. Marriage between the parties were solemnized on 01.02.2017
according to hindu rites and ceremonies. One child namely, Vihan
Prakash was born out of the wedlock on 02.06.2019. Due to
temperamental differences both the parties started living separately
since 27.05.2022. Pursuant to this, Respondent no. 2 filed the
aforesaid FIR. The charge sheet has since been filed by the IO before
the concerned court under Sections 498A/406/354/34 IPC & 3/ 4 of
Dowry Prohibition Act.
3. During the proceedings, the parties amicably resolved their
disputes through a Settlement Deed/MOU dated 24.04.2025,
facilitated by family and respectable persons. As per the settlement,
Petitioner No. 1 agreed to pay a total sum of ₹25,50,000 to
Respondent No. 2, with ₹8,50,000 each paid at the time of first and
second motion of mutual divorce, and the final installment to be paid
at the time of FIR quashing. A decree of mutual divorce was granted
on 28.05.2025 vide by the PJ, FC, Kakardooma court, Delhi. The copy
of Compromise/Settlement Deed dated 24.04.2025 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 Sandeep Singh, from PS - Gazipur.
5. Respondent No.2 has confirmed that the matter has been settled
with the petitioners without any force, fear, coercion and she has
received the full and final settlement amount. She further submits that
she has no objection if the FIR No.0630/2022 IPC U/S
498A/406/354/34 IPC & 3/4 of Dowry Prohibition Act, P.S. Ghazipur,
Delhi is quashed against the petitioners.
6. In view of the settlement dated 24.04.2025 between the parties,
learned Additional PP appearing for the State, also has no objection if
the present FIR No.0630/2022 IPC U/S 498A/406/354/34 IPC & 3/4
of Dowry Prohibition Act, P.S. Ghazipur, Delhi 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.0630/2022 IPC U/S
498A/406/354/34 IPC & 3/4 of Dowry Prohibition Act, P.S. Ghazipur,
Delhi and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR
No.0630/2022 IPC U/S 498A/406/354/34 IPC & 3/4 of Dowry
Prohibition Act, P.S. Ghazipur, Delhi 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 07, 2025
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