Bharat Khanna & Ors. v. State of Delhi & Anr.

Delhi High Court · 13 Aug 2025 · 2025:DHC:6837
Ravinder Dudeja
W.P.(CRL) 2513/2025
2025:DHC:6837
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 proceedings would be an abuse of process.

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W.P.(CRL) 2513/2025
HIGH COURT OF DELHI
Date of Decision: 13.08.2025 ,,,,,,,,,, W.P.(CRL) 2513/2025
BHARAT KHANNA & ORS. .....Petitioners
Through: Mr. S.P.M. Tripathi, Mr. Deepak Sharma, Mr. Rahul Poonia, Advs.
P-1, P-2, P-5 in person, P-3, P-4 through VC.
VERSUS
STATE OF DELHI & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Mr. Priyam Agarwal, Mr. Abhinav Kumar
Arya, Mr. Aryan, Sachdeva, Advs
WITH
SI Rupesh, PS
Bharat Nagar.
Mr. Vineet Aggarwal, Ms. Bhavya Aggarwal, Mr. Kunal Chauhan, Mr. Agam Sood, Advs for R-2
WITH
R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 242/2022, dated 08.03.2022, registered at P.S Bharat Nagar, 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 18.04.2018 as per Hindu rites and ceremonies. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 have started living separately since 01.11.2022. 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. 242/2022 was lodged at instance of Respondent No. 2 at PS Bharat Nagar under section 498A/406/34 IPC against the petitioners.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Compromise/Settlement Deed dated 02.01.2025 (Attested on 23.06.2025). It is submitted that in terms of settlement, parties have obtained divorce by mutual consent. It is also submitted that Petitioner No. 1 has paid the total settlement amount of Rs. 24,00,000/- (Rupees twenty four lacs only) as per the schedule in settlement. Copy of the Compromise/Settlement Deed dated 02.01.2025 has been annexed as Annexure P/2.

4. Petitioner no. 1, 2, 5 & 6 and Respondent no. 2 are physically present before the Court while Petitioner no. 3 & 4 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Rupesh, from PS Bharat 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. 242/2022 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. 242/2022 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. 242/2022, dated 08.03.2022, registered at P.S Bharat Nagar, 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. 242/2022, dated 08.03.2022, registered at P.S Bharat Nagar, 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 13, 2025