Chandan Verma & Ors. v. Govt. of NCT of Delhi and Anr.

Delhi High Court · 05 Aug 2025 · 2025:DHC:6488
Ravinder Dudeja
CRL.M.C. 1825/2025
2025:DHC:6488
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 divorce, emphasizing the court's power to end criminal proceedings to prevent abuse of process.

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CRL.M.C. 1825/2025
HIGH COURT OF DELHI
Date of Decision: 05.08.2025 ,,,,,,,,,, CRL.M.C. 1825/2025
CHANDAN VERMA & ORS. .....Petitioners
Through: Mr. Rajiv Ranjan Mishra, Ms. Suruchi Yadav, Advocates.
Petitioners in person.
VERSUS
GOVT. OF NCT OF DELHI AND ANR. … Respondents
Through: Mr. Hitesh Vali, APP
WITH
Insp. Satbir Singh, PS-Jaitpur.
Mr. Karan Singh Tanwar, Advocate for R-2 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. 183/2023, dated 28.03.2023, registered at P.S Jaitpur, 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 was solemnized on 20.09.2017 as per Hindu rites and customs at Delhi. A baby girl was born out of the said wedlock. Due to temperamental differences Petitioner and Respondent No. 2 started living separately since 18.05.2022.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. 183/2023, was lodged at instance of Respondent No. 2 at P.S Jaitpur, Delhi under Sections 498A/406/34 IPC.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Settlement dated 24.07.2024. In respect of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have dissolved their marriage by mutual consent on 28.01.2025. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 1,85,000/- (Rupees One Lac & Eighty Fifty Thousand only) as per the schedule mentioned in the Settlement Deed. It is further submitted that the custody of the minor girl would remain with Petitioner No. 1 with Respondent No. 2 having visitation rights as per the schedule mentioned in the settlement. Copy of the Memorandum of Settlement dated 24.07.2024 has been annexed as Annexure P-2.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer Insp. Satbir Singh, from PS Jaitpur.

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. 183/2023 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. 183/2023 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. 183/2023, dated 28.03.2023, registered at P.S Jaitpur, 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. 183/2023, dated 28.03.2023, registered at P.S Jaitpur, 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 05, 2025