Full Text
HIGH COURT OF DELHI
Date of Decision: 28.07.2025 ,,,,,,,,,, CRL.M.C. 4981/2025
SUNIL KUMAR & ANR. .....Petitioners
Through: Mr. Manmohan Tiwari, Adv. along
… Respondents
Through: Mr. Hitesh Vali, APP for the State
Mandawali Mr. I.V. Raghav, 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. 0051/2021, dated 27.01.2021, registered at P.S Mandawli, Fazalpur 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 21.02.2020 as per Hindu rites and customs. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 10.05.2020. 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. She further alleged that petitioners withheld her stridhan. Subsequently, FIR No. 0051/2021, dated 27.01.2021 was lodgedd at instance of Respondent No. 2 at P.S Mandawli, Fazalpur under section 498A/406/34 IPC. Chargesheet has been filed under sections 498A/406/34 IPC against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes before the Counsellor, Family courts vide Settlement Agreement dated 25.04.2024. In view of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have obtained divorce vide order dated 29.01.2025 under sections 13B(1)/(2) of HMA. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 9,50,000/- (Rupees nine lacsfifty thousand only) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Agreement dated 25.04.2024 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 Monika, from PS Mandawli, Fazalpur.
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. 0051/2021 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. 0051/2021 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. 0051/2021, dated 27.01.2021, registered at P.S Mandawli, Fazalpur 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. 0051/2021, dated 27.01.2021, registered at P.S Mandawli, Fazalpur 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