Delhi High Court
Sagar Gambhir vs The State Govt. Of Nct Of Delhi And Anr on 23 May, 2025
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.05.2025
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+ CRL.M.C. 2411/2025, CRL.M.A. 10800/2025
SAGAR GAMBHIR .....Petitioner
Through: Petitioner in person.
versus
THE STATE GOVT. OF NOT OF DELHI AND ANR.
... Respondents
Through: Mr. Satinder Singh Bawa, APP
for State.
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, 2023, seeking quashing of FIR No. 0419/2016,
dated 09.09.2016, registered at P.S Bharat Nagar under sections
498A/406/34 IPC and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. The marriage between Petitioner and Respondent No.2 was
solemnized on 01.01.2014 as per Hindu rites and ceremonies at Delhi.
A girl child was born on 24.05.2020 out of the said wedlock.
Respondent No.2 lodged the aforesaid FIR against Petitioner. The
charge sheet was filed under sections 498A/406 IPC.
3. It is submitted that during the proceedings, the parties amicably
resolved their disputes and executed a Compromise/Settlement Deed
dated 31.03.2025, and are residing together amicably in matrimonial
home. The copy of Compromise/Settlement Deed dated 31.03.2025
has been placed on record as Annexure P-3.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"14.05.2025
Today, statement of respondent no. 2 and petitioner no. 1 have been
recorded to ascertain the veracity and the genuineness of the parties
entering into settlement.
Respondent no. 2 and Petitioner no. 1 have been identified by the
IO.
Let the pre-verified statement along with this order be placed
before the Hon'ble Court on 23rd May, 2025.
5. Both parties are physically present before the Court. They have
been identified by their respective counsels.
6. Respondent No.2 confirms that the matter has been settled with
the Petitioner without any force, fear, coercion and she no objection if
the FIR No. 0419/2016 is quashed against the Petitioner.
7. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 0419/2016 along with the charge sheet is quashed.
8. 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."
9. 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. 0419/2016, dated 09.09.2016,
registered at P.S Bharat Nagar under sections 498A/406/34 IPC and
all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR No.
0419/2016, dated 09.09.2016, registered at P.S Bharat Nagar under
sections 498A/406/34 IPC along with the charge sheet and all the
other consequential proceeding emanating therefrom is hereby
quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
MAY 23, 2025/AK
