Full Text
HIGH COURT OF DELHI
Date of Decision: 28.07.2025 ,,,,,,,,,, CRL.M.C. 1124/2025 & CRL.M.A. 5086/2025
AMIT JINDAL .....Petitioner
Through: Mr. Ajay Khatanan, Mr. Rahul Chaudhary, Mr. Jitin Kumar, Advocates.
Petitioner in person.
OF DELHI AND ANR. … Respondents
Through: Mr. Yudhvir Singh Chauhan, APP
Shaheen Bagh, SI Anil Kumar, PS-Vijay Vihar.
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. 85/2021, dated 12.03.2021, registered at P.S Vijay Vihar, 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 25.04.2008 as per Hindu rites and customs at Uttar Pradesh. A child namely Sarthak was born out of the said wedlock. Due to temperamental differences Petitioner and Respondent No. 2 started living separately since 24.04.2011. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry by the petitioners. Subsequently, FIR No. 85/2021, dated 12.03.2021 was lodged at instance of Respondent No. 2 at P.S Vijay Vihar, Delhi under section 498A/406/34 IPC. Chargesheet has since been filed under sections 498A/406 IPC against the petitioner.
3. During the course of proceedings, the parties amicably resolved their disputes before the Family Court on 07.04.2022 and in the terms of settlement, Petitioner and Respondent No. 2 obtained divorce by mutual consent. It is submitted that all conditions of the Settlement order have been fulfilled including the payment of the total settlement amount of Rs. 14,00,000/- (Rupees fourteen lacs only) as per the schedule mentioned in the Settlement order. The copy of Settlement order dated 07.04.2022 has been placed on record 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 Anil Kumar, from PS Vijay Vihar.
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. 85/2021 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. 85/2021 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. 85/2021, dated 12.03.2021, registered at P.S Vijay Vihar, 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. 85/2021, dated 12.03.2021, registered at P.S Vijay Vihar, 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 JULY 28, 2025