Delhi High Court
Suiab Ansari@Suaib And Ors vs The State Govt Of Nct Delhi And Anr on 21 July, 2025
$~126
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.07.2025
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+ CRL.M.C. 4799/2025 & CRL.M.A. 20775/2025EXEMPTION
SUIAB ANSARI@SUAIB AND ORS .....Petitioners
Through: Mr. Ashok Kumar and Mr.
Nikhil Yadav, Advs.
Petitioners in person.
versus
THE STATE GOVT OF NCT DELHI AND ANR
.....Respondents
Through: Mr. Hitesh Vali, APP with SI
Gunjan, P.S.Seelampur.
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. 496/2022, dated
31.10.2022, registered at P.S Seelampur, Delhi under
Sections498A/406/34 IPC & Section 4 of Dowry Prohibition Act 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 21.10.2020 according to Muslim rites and
ceremonies at Delhi. It is submitted that one male child namely Saibo
was born from the said wedlock on 07.11.2021. As per allegations in
the FIR, Respondent No. 2 was subjected to mental and physical
cruelty, sexual harassment and was instigated to commit suicide. She
was thrown out of her matrimonial home by the petitioners. She was
deprived of her stridhan. Thereafter, FIR No. 496/2022, dated
31.10.2022, was lodged at P.S Seelampur, Delhi under section
498A/406/34 IPC & Section 4 of Dowry Prohibition Act. Chargesheet
has been filed against the Petitioners under section 498A/406/34 IPC
& Section 4 of Dowry Prohibition Act.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Memorandum of Understanding dated
26.03.2025. In pursuance of settlement, Respondent No.2 and
Petitioner No. 1 have started residing together along with their child.
The copy of Memorandum of Understanding dated 26.03.2025 has
been placed on record as Annexure A.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Gunjan from PS Seelampur.
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. 496/2022 is quashed against the
Petitioner.
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. 496/2022 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. 496/2022, dated 31.10.2022,
registered at P.S Seelampur, Delhi under section 498A/406/34 IPC &
Section 4 of Dowry Prohibition Act and all the other consequential
proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
496/2022, dated 31.10.2022, registered at P.S Seelampur, Delhi under
section 498A/406/34 IPC & Section 4 of Dowry Prohibition Act 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 21, 2025
SK
