Delhi High Court
Anirudh Dawar & Ors vs State Nct Of Delhi & Anr on 15 July, 2025
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 15.07.2025
,,,,,,,,,,
+ CRL.M.C. 4576/2025
ANIRUDH DAWAR &ORS. .....Petitioners
Through: Mr. Arjun Sharma, Ms.
Somyashree, Advs along with
Petitioners in person.
versus
STATE& ANR ... Respondents
Through: Mr. Satinder Singh Bawa, APP
for State with ASI Sunil Kumar,
PS- CR Park.
ASI Naveen Kumar, PS-Saket.
Mr. K. Rajat, Mr. Sunil
Manchanda and Mr. Akhil
Mann, Advocates for R-2.
Respondent No. 2 is present
through VC.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the BharatiyaNagarik
Suraksha Sanhita, 2023, seeking quashing of FIR No. 0133/2023,
dated 13.04.2023 registered at P.S Saket, New Delhi under sections
323/341/506/509/34 IPC and all proceedings emanating therefrom on
the basis of settlement between the parties.
2. Marriage between Petitioner No.1 and Respondent No. 2
solemnized on 08.12.2010 at Delhi. A female child was born from the
wedlock on 05.10.2017, who is currently in custody and care of
Respondent No. 2. It is submitted that due to temperamental issues
Petitioner No. 1 and Respondent No. 2 started living separately since
11.05.2022. It is further submitted that on 07.02.2023 Respondent No.
2 was subject to physical assaults and mental harassment by the
Petitioner No. 1 (husband), Petitioner No. 2 (father in law) and
Petitioner No. 3 (brother in law) during a court mandated mediation
session at Saket Courts, New Delhi wherein she sustained injuries on
her wrist. Thereafter, Respondent No. 2 following cases against
Petitioners:
i. FIR No. 0133/2023, dated 13.04.2023, at P.S Saket, New
Delhiunder sections 323/341/506/509/34 IPC.
ii. HMA No. 32/2022 titled as "Smriti Khosla v. Anirudh Dawar",
under section 13(1)(ia) HMA, 1955.
iii. FIR No. 319/2022, under sections 498A/406/377/34 IPC,
registered at PS Chittranjan Park, New Delhi.
iv. CIS-SC No. 76/2023 titled as "State v. Anirudh Dawar" of FIR
689/2022 registered at PS Malviya Nagar.
v. DV Case CC No. 1121/23 titled as "Smriti Khosla v. Anirudh
Dawar & Ors".
vi. CRMC 6991/2023 & CRMC 6994/2023 titled as "Mrs. S v.
Govt of NCT of Delhi & Anr".
vii. CRMC 2192/2023 titled as "Smriti Khosla v. State of NCT of
Delhi & Anr".
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement Agreement dated 21.08.2024. In
pursuance of the Settlement, the parties jointly filed a fresh petition for
divorce by mutual consent under Section 13B(1) & 13B(II) of the
Hindu Marriage Act, 1955. The learned Family Court, Saket Courts
allowed the First Motion petition on 10.09.2024. It is further
submitted that Respondent No. 2 has all rights to take all decisions
concerning the right of the minor daughter and she would not claim
inheritance/ assets/ amounts in Bank account from Petitioner No. 1
and that all the joint accounts being operated between Respondent No.
2 and Petitioner No. 1 shall be closed. The copy of Settlement
Agreement dated 21.08.2024 has been placed on record as Annexure
A-2.
4. Petitioners are physically present before the Court while
respondent No. 2 has entered her appearance through VC. They have
been identified by their respective counsels as well as by the
Investigating Officer ASI Naveen Kumar, from PS Saket and ASI
Sunil Kumar from PS-CR Park.
5. Respondent No.2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has no objection if the FIR No. 0133/2023 registered against the
petitioner is quashed.
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. 0133/2023 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 quiet us to the dispute, no useful purpose will be served in
continuing with the present FIR No. 0133/2023, dated 13.04.2023,
registered at P.S Saket, New Delhi under sections 323/341/506/509/34
IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
0133/2023, dated 13.04.2023, registered at P.S Saket, New Delhi
under sections 323/341/506/509/34 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 15, 2025
SK
