Chirag Sharma & Ors. v. State Govt. of NCT of Delhi & Anr.

Delhi High Court · 14 Aug 2025 · 2025:DHC:6880
Ravinder Dudeja
CRL.M.C. 1522/2025
2025:DHC:6880
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement and mutual consent divorce, holding that continuation of criminal proceedings would be unjust.

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CRL.M.C. 1522/2025
HIGH COURT OF DELHI
Date of Decision: 14.08.2025 ,,,,,,,,,, CRL.M.C. 1522/2025
CHIRAG SHARMA & ORS. .....Petitioners
Through: Ms. Jyoti Rana, Mr. Jatin Nagar, Ms. Dipti Singh, Mr. Lakshay Tyagi, Mr. Shivaji Chahar and Mr. Shubham Rathore, Advs.
Petitioner no.1 in person.
Petitioner no.2 to 4 are present through vc.
VERSUS
STATE GOVT. OF NCT OF DELHI & ANR.
… Respondents
Through: Mr. Hitesh Vali, APP for the State
WITH
SI Anil Kumar, P.S.GTB Nagar.
R-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. 296/2022, dated 07.07.2022, registered at P.S GTB Enclave, 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 solemnized on 25.10.2020 as per Hindu rites and ceremonies at Delhi. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 are living separately since 06.07.2021. 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. FIR NO. 296/2022 was lodged at the instance of Respondent No. 2 at PS GTB Enclave under section 498A/406/34 IPC against the petitioners. Charge sheet has since been filed after completion of investigation.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 20.07.2024. In view of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have dissolved their marriage by mutual consent vide divorce decree dated 15.10.2024. It is submitted that Petitioner No. 1 has paid the total settlement amount of Rs. 7,50,000/- (Rupees Seven lacs and Fifty Thousand only) as per the schedule in settlement. Copy of the Memorandum of Understanding dated 20.07.2024 has been annexed as Annexure P-3.

4. Petitioner no.1 and respondent no.2 are physically present before the Court while petitioner nos. 2 to 4 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Anil Kumar from PS GTB 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. 296/2022 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. 296/2022 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. 296/2022, dated 07.07.2022, registered at P.S GTB Enclave, 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. 296/2022, dated 07.07.2022, registered at P.S GTB Enclave, 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 14, 2025