Sonu Negi @ Nikhil Negi & Ors. v. State NCT of Delhi and Anr.

Delhi High Court · 04 Aug 2025 · 2025:DHC:6413
Ravinder Dudeja
CRL.M.C. 1252/2025
2025:DHC:6413
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC based on an amicable settlement and mutual consent divorce, applying the principle that continuation of criminal proceedings would be an abuse of process.

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CRL.M.C. 1252/2025
HIGH COURT OF DELHI
Date of Decision: 04.08.2025 ,,,,,,,,,, CRL.M.C. 1252/2025 & CRL.M.A. 5626/2025
SONU NEGI @ NIKHIL NEGI & ORS. .....Petitioners
Through: Mr. Pramod Prasad Gauniyal, Advocates.
Petitioners in person.
VERSUS
STATE NCT OF DELHI AND ANR. … Respondents
Through: Mr. Hitesh Vali, APP,
WITH
SI Meenakshi, PS-Kamla Nagar, SI Virender, PS-Kamla Nagar.
Mr. Robind Tyagi and Mr. Chirag Sachdeva, Advocates for
R-2.
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. 0140/2023, dated 15.04.2023, registered at P.S Kamla Market, 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 11.12.2018 as per Hindu rites and customs at Delhi. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since April 2021. 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. Chargesheet has since been filed under section 498A/406/34IPC.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding/ Compromise Deed dated 22.04.2024. In respect of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have dissolved their marriage by mutual consent on 15.10.2024. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 4,00,000/- (Rupees Four lacs only) as per the schedule mentioned in the Compromise Deed along the articles mentioned in the Deed. Copy of the Memorandum of Understanding/ Compromise Deed dated 22.04.2024 has been annexed as Annexure P-2 (Colly).

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Meenakshi and SI Virender, from PS Kamla Nagar.

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. 0140/2023 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. 0140/2023is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas 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. 0140/2023, dated 15.04.2023, registered at P.S Kamla Market, 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. 0140/2023, dated 15.04.2023, registered at P.S Kamla Market, 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