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HIGH COURT OF DELHI
Date of Decision: 28.07.2025 ,,,,,,,,,, CRL.M.C. 5003/2025
JATI SHARMA & OTHERS .....Petitioners
Through: Ms. Pavitra Veer Singh, Mr. Mahesh Kumar, Ms. Shina Gupta, Advs. along
Through: Mr. Hitesh Vali, APP for the State
Mr. Anirudh, Adv. 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. 417/2021, dated 11.10.2021, registered at P.S Mansarovar Park, Delhi under Sections 498A/406/354/34 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 27.01.2019 as per Hindu rites and customs.Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 21.02.2021. As per averments made in the FIR, Respondent No. 2 was subjected to both physical and mental harassment on account of dowry demand by the petitioners. She further alleged sexual harassment and molestation against Petitioner No. 2 and 4. Chargesheet has been filed and charges framed against the petitioners under sections 498A/406/506/323/354/34 IPC.
3. During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 02.07.2024 before the Counseling cell, Family courts, Karkardooma Court. In terms of the aforesaid settlement, Petitioner No. 1 and Respondent NO. 2 have obtained divorce by mutual consent. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 5,60,000/- (Rupees five lacs sixty thousand only) as per the schedule mentioned in the Settlement Deed. The copy of the Settlement Deed dated 02.07.2024 has been placed on record as Annexure P[2].
4. Petitioner Nos. 1, 2 & 4 and Respondent No. 2 are physically present before the Court while Petitioner No. 3 & 5 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Amit Bainiwal, from PS Mansarovar Park.
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. 417/2021 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. 417/2021 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. 417/2021, dated 11.10.2021, registered at P.S Mansarovar Park, Delhi under section 498A/406/506/323/354/34 IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 417/2021, dated 11.10.2021, registered at P.S Mansarovar Park, Delhi under section 498A/406/506/323/354/34 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