Full Text
HIGH COURT OF DELHI
Date of Decision: 05.08.2025 ,,,,,,,,,, CRL.M.C. 5252/2025 & CRL.M.A. 22706/2025 EXEMPTION
KARAN KUMAR .....Petitioner
Through: Mr. Sunil Kumar, Ms. Geetanjali Rana & Mr. Mayank Pandey, Advs. along
Through: Mr. Hitesh Vali, APP for the State
Mr. S.K. Tiwari & Mr. Sarthak Dua, Advs. for R-2 along
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0182/2019, dated 06.07.2019,registered at P.S Tigri, 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 05.05.2013 as per Hindu rites and customs at Delhi. A male 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 petitioner. Chargesheet has since been filed under section 498A/406/34 IPC.Petitioner has been discharged under section 406/34 IPC and charged only under section 498A IPC.
3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 18.12.2021. In respect of the aforesaid settlement, Petitioner and Respondent No. 2 have dissolved their marriage by mutual consent on 19.01.2023. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 1,70,000/- (Rupees One lac and Seventy Thousand only) as per the schedule mentioned in the Settlement Deed. It is further submitted that the custody of the child would be with Respondent No. 2. Copy of the Memorandum of Understanding dated 18.12.2021 has been annexed as Annexure P-4.
4. Parties are physically present before the Court. 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 that the matter has been amicably settled with the petitioner without any force, fear, coercion and she has no objection if the FIR No. 0182/2019 is quashed against the Petitioner.
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. 0182/2019 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. 0182/2019, dated 06.07.2019, registered at P.S Tigri, 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. 0182/2019, dated 06.07.2019, registered at P.S Tigri, 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