Pawandeep Singh & Ors. v. State (NCT of Delhi) & Anr.

Delhi High Court · 07 Aug 2025 · 2025:DHC:6567
Ravinder Dudeja
W.P.(CRL) 910/2025
2025:DHC:6567
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) 910/2025
HIGH COURT OF DELHI
Date of Decision: 07.08.2025
W.P.(CRL) 910/2025 & CRL.M.A. 8589/2025 EXEMPTION
PAWANDEEP SINGH & ORS. .....Petitioners
Through: Ms. Sakshi Kaul, Mr. Chirag Kaushal, Advs. along
WITH
P-1 in person & P-2 to 4 through
VC.
VERSUS
STATE (NCT OF DELHI) & ANR. … Respondents
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Ms. Priyam Aggarwal, Mr. Abhinav Kumar
Arya, Mr. Aryan Sachdeva, Advs. ASI Anil Kumar, PS Tigri
Mr. Manoj Kumar, Ms. Madhvi Aggarwal, Ms. Suman Kathuria, Advs. for R-2 along
WITH
R-2 in person
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. The present petition has been filed under section 528 BNSS seeking the quashing of the FIR NO. 56/2023 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Tigri and all the proceedings emanating therefrom.

2. The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 14.06.2020 according to Sikh rites and ceremonies at Mohali. No child was born out of the wedlock. Due to temperamental differences, both the parties started residing separately since 21.12.2021. Subsequently the aforesaid FIR was lodged on 11.02.2023.

3. During the pendency of the proceedings, both the parties entered into a settlement/compromise dated 10.05.2024 and amicably settled their disputes. Both the parties agreed that the petitioner shall pay a sum of Rs. 7,00,000/- to the respondent no. 2 as full and final settlement amount. The marriage between the parties has since been dissolved by decree of divorce granted by mutual consent. A copy of the settlement deed/MOU has been placed on record which is annexed as Annexure P[3].

4. Petitioner no. 1 & 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 ASI Anil Kumar, from PS Tigri.

5. Respondent No.2 confirms she has received the full and final settlement amount and that the matter has been amicably settled with the petitioners without any force, fear, coercion and has no objection if the FIR NO. 56/2023 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Tigri 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. 56/2023 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Tigri is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, 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. 56/2023 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Tigri and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and FIR NO. 56/2023 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Tigri 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 07, 2025