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HIGH COURT OF DELHI
Date of Decision: 04.08.2025 ,,,,,,,,,, CRL.M.C. 5196/2025 & CRL.M.A. 22446/2025 EXEMPTION
FROM FILING CERTIFIED COPIES ETC JAI KISHAN SHARMA & ORS. .....Petitioners
Through: Mr. Aashish K. Singh, Ms. Pooja Kumari, & Ms. Chitrakashi Vedi, Advs.
Through: Mr. Hitesh Vali, APP for the State
Mr. Arpit Rawat, Adv. for Respondent No. 2 R-2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0112/2021, dated 11.04.2021, registered at P.S Mansarovar Park, 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 14.02.2020 as per Hindu rites and customs at Uttar Pradesh. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. She further submits that Petitioner No. 1 endured her into unnatural sex. Chargesheet has since been filed under section 498A/406/34/323/377 IPC.
3. During the course of proceedings, the parties amicably resolved their disputes and executed a Mediation Settlement Deed dated 04.01.2024 at Delhi Mediation Centre, Karkardooma Courts, Delhi. In respect of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have dissolved their marriage by mutual consent on 05.07.2025. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 16,00,000/- (Rupees sixteen lacs only) as per the schedule mentioned in the Settlement Deed. Copy of the Mediation Settlement Deed dated 04.01.2024has been annexed as Annexure P-2
4. Respondent no. 2 is physically present before the Court while Petitioners have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer Insp. Sanjeev Kumar, from PS Punjabi Bagh.
5. Respondent No. 2confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 0112/2021 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. 0112/2021 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:-
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. 0112/2021, dated 11.04.2021, registered at P.S Mansarovar Park, 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. 0112/2021, dated 11.04.2021, registered at P.S Mansarovar Park, 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 August 04, 2025