Full Text
HIGH COURT OF DELHI
Date of Decision: 04.08.2025 ,,,,,,,,,, CRL.M.C. 5202/2025
AMIT KUMAR & ORS. .....Petitioners
Through: Mr. Mausam Sahni, Adv. Petitioners in person.
POLICE DELHI & ANR. … Respondents
Through: Mr. Yudhvir Singh Chauhan, APP
S.B. Dairy Mr. Keshav Jha, Adv. for R-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. 122/2014, dated 04.12.2014, registered at P.S Shahbad Dairy, 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 28.06.2012 as per Hindu rites and customs at UP. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 08.08.2013. 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. 3(Sister in law) attempted to take her life by mixing poison in her food. Chargesheet has since been filed against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 31.01.2025. In respect of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have dissolved their marriage by mutual consent on 02.06.2025. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 2,00,000/- (Rupees two lacs only) as per the schedule mentioned in the Compromise Deed along the articles mentioned in the Deed. Copy of the Settlement Deed dated 31.01.2025 has been annexed as Annexure P-2
4. Both parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Ram Singh, from PS S.B. Dairy.
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. 122/2014 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. 122/2014 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. 122/2014, dated 04.12.2014, registered at P.S Shahbad Dairy, 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. 122/2014, dated 04.12.2014, registered at P.S Shahbad Dairy, 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