Delhi High Court
Anuj Talwar vs State Govt. Of Nct Of Delhi on 16 July, 2025
$~101
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 16.07.2025
,,,,,,,,,,
+ CRL.M.C. 793/2025 & CRL.M.A. 3726/2025 EXEMPTION
ANUJ TALWAR .....Petitioner
Through: Mr. Dev Sagar and Mr. Onkar,
Advs.
Petitioner in person.
versus
STATE GOVT. OF NCT OF DELHI ... Respondents
Through: Mr. Hitesh Vali, APP with PSI
Monika P.S.Jagatpuri.
Mr. C.C.S.Tomar and Mr. Yash
Thakur, Advs. for R-2
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. 0137/2019, dated
10.06.2019, registered at P.S Jagat Puri, 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 26.08.2016 according to Hindu rites and
ceremonies at Delhi. It is submitted that due to temperamental
differences Respondent No. 2 and Petitioner No. 2 are living
separately since November 2022 and that she was subjected to
consistent mental and physical harassment along persistent neglect
from Petitioner No. 1 (husband) and other family members. It is
further submitted that her valuables were also retained by the
petitioners. Thereafter, Respondent No. 2 filed FIR No. 0137/2019,
dated 10.06.2019, at P.S Jagat Puri, Delhi under sections 498A/406/34
IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement dated 26.05.2024 before the
Counselling Cell, Karkardooma Courts, Shahadara, Delhi. In
pursuance of the settlement Petitioner No. 1 and Respondent No. 2
filed divorce petition under Section 13-B(1) & 13-B(2) of the Hindu
Marriage Act, 1955, wherein 1st Motion has been passed. It is
submitted that all the previous complaints and litigations initiated by
the parties have been withdrawn and all conditions of the Settlement
Agreement have been fulfilled including the payment of the total
settlement amount of Rs. 15,40,000/- (Rupees fifteen lacs and forty
thousand) as per the schedule mentioned in the Settlement. The copy
of Settlement dated 01.04.2024 has been placed on record as
Annexure D.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer PSI Monika from PS Jagatpuri.
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. 0137/2019 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. 0137/2019 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. 0137/2019, dated 10.06.2019,
registered at P.S Jagat Puri, 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.
0137/2019, dated 10.06.2019, registered at P.S Jagat Puri, 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
