Delhi High Court
Prakash Chand & Anr vs State (Govt. Of Nct Of Delhi) & Anr on 10 July, 2025
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10.07.2025
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+ CRL.M.C. 8290/2024
PRAKASH CHAND & ANR. .....Petitioners
Through: Mr. Swapanam Singh,
Advocate along with petitioner
No. 1 in person
Mr. Priyvrat Singh, Ms. Shivani
Bansal along with petitioner
No. 2 in person
versus
STATE (GOVT. OF NCT OF DELHI) & ANR.
.....Respondents
Through: Mr. Aman Usman, APP for the
State with SI Ridhima, PS
Model Town
R-2 is present 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, 2023, seeking quashing of FIR No. 0739/2023,
dated 28.12.2023, registered at P.S Model Town 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 29.04.2016 as per Hindu rites and ceremonies at
Delhi. Two children namely Ritika and Manan were born out of the
said wedlock. It is submitted that due to temperamental differences,
the couple started living separately since 14.07.2023. Thereafter,
Respondent No.2 filed the following cases against Petitioner No.1 and
his family members:
i. FIR No. 0739/2023, dated 28.12.2023, registered at P.S Model
Town under sections 498A/406/34 IPC
ii. Complaint case under section 12 of DV Act bearing Ct. case no.
iii. Petition under section 9 of HMA bearing HMA no. 2876/2023
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement Deed dated 16.01.2024. In
pursuance of the Settlement, the parties jointly filed a petition for
divorce by mutual consent under Section 13B(1) of the Hindu
Marriage Act, 1955. The learned Family Court, Rohini Courts allowed
the first motion of mutual divorce petition on 02.08.2024. 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the parties has been withdrawn and all conditions of the Settlement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. The copy of Settlement Deed dated
16.01.2024 has been placed on record as Annexure P-5.
4. The parties are physically present before the Court and have
been identified by their respective counsels as well as by the
Investigating Officer SI Ridhima, from PS Model Town.
5. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear, coercion and she has no
objection if the No. 0739/2023 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 No. 0739/2023 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. 0739/2023, dated 28.12.2023,
registered at P.S Model Town 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.
0739/2023, dated 28.12.2023, registered at P.S Model Town 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
JULY 10, 2025
AK
