Delhi High Court
Sushila Bari & Anr vs State Govt. Of Nct Of Delhi And Anr on 11 July, 2025
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11.07.2025
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+ CRL.M.C. 4534/2025
MS. SUSHILA BARI & ANR. .....Petitioners
Through: Mr. Kuldeep Soni and Mr.
Akshat Chauhan, Advs.
Petitioners in person.
versus
STATE GOVT. OF NCT OF DELHI AND ANR.
... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Jaiveer
Kumar, P.S.Palam Village.
Mr. Dhruv Sharma, Adv. for R-
2.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 19762/2025 DELAY 91 DAYS IN RE- FILING
For the reasons explained in the application, delay of 91 days in
refilling the petition stands condoned.
The application stands disposed of.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking quashing of FIR No. 0369/2020,
dated 13.05.2020, registered at P.S Palam Village 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 28.02.2019 as per Hindu rites and ceremonies. No
child was born out of the said wedlock. It is submitted that due to
temperamental differences, the couple started living separately since
16.04.2019. Thereafter, Respondent No.2 filed the following cases
against Petitioner No.1 and his family members:
i. FIR No. 0369/2020, dated 13.05.2020, registered at P.S Palam
Village under sections 498A/406/34 IPC
ii. Complaint case under section 12 of DV Act bearing Ct. case no.
iii. Maintenance case under section 125 Cr.P.C. bearing Mt. case
iv. Execution petition bearing Ex. Crl. No. 344/2022
The charge sheet was filed under sections 498A/406/34 IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement Deed dated 28.08.2024 before
Delhi Mediation Centre, Dwarka. In pursuance of the Settlement, the
parties jointly filed a fresh petition for divorce by mutual consentunder
Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family
Court, Dwarka Courts allowed the mutual divorce petition on
10.12.2024, thereby dissolving the marriage between the Petitioner
and Respondent No.2. 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and litigations initiated by the parties has been withdrawn and all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 including
the payment of the total settlement amount of Rs. 5,00,000/- (Rupees
five lacs) and articles as per Annexure 'A' mentioned in the
Settlement Agreement dated 28.04.2024 as per the schedule
mentioned in the Settlement Deed. The copy of Settlement Deed has
been placed on record as Annexure P-4.
4. Both parties are physically present before the Court. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Jaiveer Kumar, from P.S.Palam Village.
5. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear, coercion and she has received
the payment of the entire settlement amount of Rs. 5,00,000/- (Rupees
five lacs) from the Petitioner No.1 as per the schedule mentioned in
the Settlement Deed. She further submits that she has no objection if
the FIR No. 0369/2020 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. 0369/2020 alongwith charge sheet 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. 0369/2020, dated 13.05.2020,
registered at P.S Palam Village 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.
0369/2020, dated 13.05.2020, registered at P.S Palam Village under
sections 498A/406/34 IPC alongwith 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 11, 2025
AK
