Delhi High Court
Vishwajeet Sarkar & Ors vs The State Govt. (N.C.T. Of Delhi & Anr on 11 July, 2025
$~86
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11.07.2025
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+ CRL.M.C. 1976/2025 & CRL.M.A. 8877/2025EXEMPTION
VISHAWJEET SARKAR & ORS. .....Petitioners
Through: Mr. Rajendra Singh, Adv. along
with petitioner no.1 in person.
versus
THE STATE GOVT. (NCT OF DELHI &
ANR) ... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Dhiraj
Singh, PS-Shalimar Bagh.
Ms. Aastha Dhankar, Adv. for
R2 through VC.
R2 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. 0343/2015,
dated 14.03.2015, registered at P.S Shalimar Bagh 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 09.07.2012 as per Hindu rites and ceremonies. It is
submitted that due to temperamental differences, the couple started
living separately since 12.09.2014. Thereafter, Respondent No.2
lodged the aforesaid FIR against Petitioner No.1 and his family
members. It is submitted that the parties are living together again as
husband and wife since 2019. A girl child namely Priti Sarkar was
born on 21.11.2019 out of the said wedlock.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement Deed dated 14.01.2025. It is
submitted that all the previous complaints and litigations initiated by
the parties have been withdrawn. The copy of Settlement Deed dated
14.01.2025 has been placed on record as Annexure P-4.
4. Petitioner no.1 and respondent no.2 are physically present
before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer.
5. Respondent No.2 confirms that the matter has been settled with
the petitioners without any force, fear or coercion and they have been
living together since 2019 without any complaint. The Respondent
no.2 further submits that she has no objection if the FIR No.
0343/2015 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. 0343/2015 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Courthas 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. 0343/2015, dated 14.03.2015,
registered at P.S Shalimar Bagh 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 FIR No.
0343/2015, dated 14.03.2015, registered at P.S Shalimar Bagh 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 11, 2025/ AK
