Rajesh Kumar & Others v. The State (NCT of Delhi) & Anr.

Delhi High Court · 05 Aug 2025 · 2025:DHC:6458
Ravinder Dudeja
CRL.M.C. 5257/2025
2025:DHC:6458
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC based on an amicable settlement between the parties, holding that continuation of criminal proceedings would be an abuse of process of law.

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CRL.M.C. 5257/2025
HIGH COURT OF DELHI
Date of Decision: 05.08.2025
CRL.M.C. 5257/2025
RAJESH KUMAR & OTHERS. .....Petitioners
Through: Mr. Adnan Ahmad, Adv,
WITH
petitioners in person.
VERSUS
THE STATE (NCT OF DELHI) & ANR. … Respondents
Through: Mr. Hitesh Vali, APP for the State
WITH
SI Satya Prakash, ASI Aziz Ahemad.
Mr. Aparajit Sharma, Adv, for R-2,
WITH
R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 22732/2025 (exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0090/2023, dated 15.03.2023, 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 19.02.2006 as per Hindu rites and customs at New Delhi. Two children were 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 petitioners. Chargesheet has since been filed under section 498A/406/34 IPC.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement dated 19.05.2025 at Counselling Cell, Family Courts, South District, Saket Courts, Delhi. In respect of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have started living together since 19.05.2025. It is submitted that Petitioner No. 1 would be paying an amount of Rs. 80,000/- (Rupees Eighty Thousandonly) per month to Respondent No. 2 as pocket money. Copy of the Settlement dated 19.05.2025 has been annexed as Annexure P-3.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Satya Prakash, from PS Tigri.

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. 0090/2023 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. 0090/2023 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. 0090/2023, dated 15.03.2023, 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. 0090/2023, dated 15.03.2023, 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