Anil Kumar Sadana & Ors. v. The State of Delhi NCT & Anr.

Delhi High Court · 13 Aug 2025 · 2025:DHC:6821
Ravinder Dudeja
CRL.M.C.5549/2025
2025:DHC:6821
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 498A IPC based on an amicable settlement between the parties, reaffirming the court's power to end criminal proceedings in matrimonial disputes to prevent abuse of process.

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CRL.M.C.5549/2025
HIGH COURT OF DELHI
Date of Decision: 13.08.2025 ,,,,,,,,,, CRL.M.C. 5549/2025 & CRL.M.A. 23757/2025
ANIL KUMAR SADANA & ORS. .....Petitioners
Through: Mr. Amar Kumar, Mr. Shailendra Kumar Singh, Advocates.
Petitioner No. 1 in person.
Petitioner Nos. 2 and 3 through VC.
VERSUS
THE STATE OF DELHI NCT & ANR. … Respondents
Through: Mr. Hitesh Vali, APP
WITH
SI Rashmi, PS-Janakpuri.
Mr. Saurabh Savara, Advocate 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. 168/2025, dated 28.04.2025, registered at P.S Janakpuri, Delhi under Sections 498A/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 20.01.2017 as per Hindu rites and ceremonies at Delhi. One girl child was born out of the said wedlock. 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. 168/2025 was lodged at instance of Respondent No. 2 at PS Janakpuri under section 498A/34 IPC against the petitioners.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding/Compromise Deed dated 11.07.2025. In view of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have started living together. Copy of the Memorandum of Understanding/Compromise Deed dated 11.07.2025 has been annexed as Annexure P-2.

4. Petitioner No. 1 and respondent No. 2 are physically present before the Court while petitioner Nos. 2 and 3 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Rashmi, from PS Janakpuri.

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. 168/2025 is quashed against the Petitioners. Petitioner No. 1 also undertakes to abide by the terms and conditions of the MoU dated 11.07.2025.

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. 168/2025 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. 168/2025, dated 28.04.2025, registered at P.S Janakpuri, Delhi under sections 498A/34 IPC and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 168/2025, dated 28.04.2025, registered at P.S Janakpuri, Delhi under sections 498A/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 13, 2025