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HIGH COURT OF DELHI
Date of Decision: 06.08.2025 ,,,,,,,,,, CRL.M.C. 8691/2024
SUBODH KUMAR AND OTHERS .....Petitioners
Through: Mr. Anil Kumar Yadav, Mr. Ajay Kumar Singh, Mr. Furkan Ali, Advocates.
Petitioners in person.
Through: Mr. Yudhvir Singh Chauhan, APP
Dharmveer, PS-Chhawala.
Mr. Rohan Kumar, Advocate for R-2.
Respondent No. 2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 432/2016, dated 26.11.2016, registered at P.S Chhawala (Old), 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 was solemnized on 02.03.2014 as per Hindu rites and customs at Delhi. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 have started living separately since 15.08.2016. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassments by petitioners on account of dowry demands. She further submits that petitioners made several attempts to kill and drove her to suicide. Chargesheet has since been filed under section 498A/406/34 IPC against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 12.02.2024. In view of the aforesaid settlement, Respondent No. 2 has obtained Ex-parte divorce decree on 04.11.2019. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 7,75,000/- (Rupees seven lacs and seventy five thousand only) as per the schedule mentioned in the Settlement Deed. Copy of the Settlement Agreement dated 21.05.2024 has been annexed as Annexure P-5.
4. Petitioners and father of Respondent No. 2 are physically present before the Court while Respondent No. 2 has entered her appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Shiksha and SI Dharmveer, from PS Chhawala.
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. 432/2016 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. 432/2016 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:-
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. 432/2016, dated 26.11.2016, registered at P.S Chhawala (Old), Delhi under section 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. 432/2016, dated 26.11.2016, registered at P.S Chhawala (Old), Delhi under section 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 06, 2025