Delhi High Court
Saddab Akhtar And Ors vs State Of Nct Delhi And Anr on 22 July, 2025
$~104
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.07.2025
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+ CRL.M.C. 4839/2025
SADDAB AKHTAR & ORS.
.....Petitioners
Through: Mr. Adab Singh Kapoor, Ms.
Kavita Bhardwaj & Mr. Pramod
Kumar Yadav, Advocates along
with petitioners No. 1 to 3 in
person
versus
STATE & ANR. ... Respondents
Through: Mr. M.M. Sana & Mr. Haider
Ali, Advocates along with
respondent No. 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. 60/2021, dated
24.12.2021, registered at P.S Crime (Women) Cell Nanak Pura, 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 08.11.2020 as per Muslim rites and ceremonies.
Due to temperamental differences Petitioner No. 1 and Respondent
No. 2 started living separately since 20.04.2021. As per allegations,
respondent No. 2 was subjected to physical and mental harassment on
account of dowry demands and was extended threats. She was also
beaten, isolated and deprived of her stridhan. Accordingly, FIR was
registered at P.S Crime (Women) Cell Nanak Pura, Delhi under
section 498A/406/34 IPC. Chargesheet was filed against the
petitioners under sections 498A/406/509/34 IPC.
3. During the pendency of the proceedings, the parties have
amicably resolved their disputes and executed a Settlement dated
21.03.2025 arrived at Mediation Centre, Saket Courts, New Delhi. In
pursuance of the settlement Petitioner No. 1 and Respondent No. 2
dissolved their marriage by way of Talaq-e-Hasan on 12.08.2021. It is
submitted that all conditions of the Settlement Agreement have been
fulfilled including the payment of the total settlement amount of Rs.
14,50,000/- (Rupees fourteen lacs fifty thousand only) as per the
schedule mentioned in the Settlement Deed. The copy of Mediation
Settlement dated 21.03.2025 has been placed on record as Annexure
P-1.
4. Petitioners No. 1, 2, 3 & respondent No. 2 are physically -
present before the Court while petitioner No. 4 has entered his
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer SI Mukesh Kumar,
from PS Nanak Pura.
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. 60/2021 is quashed against the
petitioners. She submits that she has received Rs. 13 lakhs by way of
demand drafts and balance amount of Rs. 1.5 lakh in cash from 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. 60/2021 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. 60/2021, dated 24.12.2021,
registered at P.S Crime (Women) Cell Nanak Pura, Delhi under
section 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.
60/2021, dated 24.12.2021, registered at P.S Crime (Women) Cell
Nanak Pura, Delhi under section 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 22, 2025
SK
