Delhi High Court
Sh. Vinod Kumar, & Ors vs The State (Nct Of Delhi ) & Anr on 21 July, 2025
$~122
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.07.2025
,,,,,,,,,,
+ W.P.(CRL) 60/2025 & CRL.M.A. 547/2025 EXEMPTION
SH. VINOD KUMAR & ORS.
.....Petitioners
Through: Mr. Amit Kumar, Advocate for
the petitioners along with all the
petitioners in person
versus
THE STATE (NCT OF DELHI) & ANR.
... Respondents
Through: Mr. Sanjay Lao, Standing
Counsel (Crl.) with Ms. Priyam
Aggarwal, Mr. Abhinav Kumar
Arya & Mr. Aryan Sachdeva
SI Vinod Kumar, PS Palam
Village
Respondent No. 2 is present in
person
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 378/2022, dated 04.07.2022, registered at
P.S Palam Village, Delhi under Sections 498A/506/34 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
solemnized on 30.01.2003 according to Hindu rites and ceremonies. It
is submitted that two children namely Eklavya (D.O.B 13.06.2007)
and Ishita (D.O.B 14.08.2009) were born from the said wedlock. Due
to temperamental differences, Petitioner No. 1 and Respondent No. 2
started living separately since 04.11.2021. As per allegations in the
FIR, Respondent No. 2 alleged that Petitionerssubjected her to
domestic violence and harassment. Thereafter, Respondent No. 2 filed
FIR No. 378/2022, dated 04.07.2022, at P.S Palam Village, Delhi
under section 498A/506/34 IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Mediation Settlement dated 13.12.2024
arrived at Mediation Centre, Dwarka Courts, New Delhi. In pursuance
of settlement, Respondent No.2 and Petitioner No. 1 have started
residing together along with their children in a rented accommodation.
The copy of Mediation Settlement dated 13.12.2024 has been placed
on record as Annexure P-2.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Vinod Kumar, PS Palam Village.
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. 378/2022is 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. 378/2022 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. 378/2022, dated 04.07.2022,
registered at P.S Palam Village, Delhi under section 498A/506/34 IPC
and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
378/2022, dated 04.07.2022, registered at P.S Palam Village, Delhi
under section 498A/506/34 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 21, 2025
SK
