Delhi High Court
Sanjeev Kumar Agrawal & Ors vs State Govt. Of Nct Of Delhi And Anr on 16 July, 2025
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 16.07.2025
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+ CRL.M.C. 4626/2025
SANJEEV KUMAR AGARWAL & ORS. .....Petitioners
Through: Mr. Vadlamani Seshagiri, Ms.
Ananya Kukreti, Ms. Poorvi
Avtar and Mr. P.K. Simantini,
Adv.
Petitioners in person.
versus
STATE & ANR ... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Jitender
Kumar, PS.Nangloi.
Mr. Dhananjay Sehrawat, Adv.
for R-2 with R-2 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, seeking quashing of FIR No. 1006/2002, dated
18.11.2002, registered at P.S Nangloi, Delhi 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 17.07.1994 according to Hindu rites and
ceremonies. A daughter was born on 15.04.1996 out of the said
wedlock. It is submitted that due to temperamental differences
Respondent No. 2 and Petitioner No. 2 are living separately since
1999. As per allegations, respondent no.2 and her family were
subjected to consistent mental and physical harassment, criminal
intimidation and cruelty on account of demands for dowry by
Petitioners. Respondent No. 2 lodged an FIR No. 1006/2002, dated
18.11.2002, at P.S Nangloi, Delhi under sections 498A/406/34 IPC.
3. During the proceedings, the parties have amicably resolved their
disputes and executed a Mediation Settlement dated 19.05.2025 at
Delhi Mediation Centre, Tis Hazari Courts, Delhi vide Mediation No.
1728/2025. In pursuance of the settlement Petitioner No. 1 has paid
₹30,00,000/- (Rupees Thirty lacs) to Respondent No. 2 as per the
schedule mentioned in the Mediation Settlement. It is submitted that
all conditions of the Settlement Agreement have been complied. It is
submitted that respondent no.2 has obtained decree of divorce from
US Court and Respondent No. 2 has agreed not to challenge the
foreign divorce decree or initiate any further litigation against each
other. The copy of Mediation Settlement dated 19.05.2025 has been
placed on record as Annexure D.
4. Petitioner no. 2 and respondent no. 2 are physically present
before the Court while petitioner no.1 has entered his appearance
through VC. They have been identified by their respective counsels as
well as by the Investigating Officer SI Jitender Kumar from PS
Nangloi.
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. 1006/2002 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. 1006/2002 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. 1006/2002, dated 18.11.2002,
registered at P.S Nangloi, Delhi 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.
1006/2002, dated 18.11.2002, registered at P.S Nangloi, Delhi 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 16, 2025
SK
