Delhi High Court
Divanshu Sharma vs The State Nct Of Delhi on 10 July, 2025
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10.07.2025
+ CRL.M.C. 4485/2025 & CRL.M.A. 19552/2025 (EXEMPTION)
DIVANSHU SHARMA .....Petitioner
Through: Mr. Pramod Tyagi, Adv. along
with petitioners in person.
versus
THE STATE NCT OF DELHI ... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Mamta,
PS-Dabri.
Mr. Shekhar, Adv. for R2 along
with R2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This petition under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 seeks quashing of FIR no. 490/2022 registered on
16.05.2022under sections 498A/406/34 IPC at PS Dabri, and all
proceedings arising therefrom pursuant to a settlement between the parties.
2. Marriage between the parties was solemnized on 04.02.2018 by way
of Hindu rites and ceremonies. A son namely, Pratham was born out of the
said wedlock. Due to temperamental differences both the parties started
living separately since 17.12.2021. Pursuant to which the aforesaid FIR was
lodged. The Charge sheet has not been filed.
3. During the pendency of the proceedings, both parties entered into a
Compromise/Settlement Deed dated 01.03.2024 before counselling cell,
family courts. As per the settlement, the petitioner agreed to pay a sum of
₹9,00,000/- to respondent no. 2 towards full and final settlement of all
claims. Their marriage was subsequently dissolved on 19.07.2024 vide
HMA Petition No. 2007/2024, and a copy of the Settlement Deed is
annexed as Annexure P2.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Mamta from PS-Dabri.
5. Respondent No. 2/complainantsubmits that the matter has been
amicably settled with the Petitioners without any force, fear, or coercion
and confirm that she has receive the full and final settlement amount. She
has no objection to the terms and conditions mentioned in the
Compromise/Settlement Deed dated 01.03.2024 and further submits that
she has no objection if FIR no. 490/2022 registered on 16.05.2022 under
sections 498A/406/34 IPC at PS Dabri along with all pending proceedings
arising therefrom, is quashed against the Petitioner.
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.
490/2022 registered on 16.05.2022 under sections 498A/406/34 IPC at PS
Dabri along with pending proceeding 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. 490/2022 registered on 16.05.2022 under sections
498A/406/34 IPC at PS Dabri and all the other consequential proceeding
emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR no.
490/2022 registered on 16.05.2022 under sections 498A/406/34 IPC at PS
Dabri, along with the charge sheet 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/na
