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HIGH COURT OF DELHI
Date of Decision: 24.07.2025 ,,,,,,,,,, CRL.M.C. 2927/2025 && CRL.M.A. 13036/2025 STAY
RAHUL PRAJAPATI & ORS. .....Petitioners
Through: Mr. Surender Kumar Sharma, and Mr. Shubham Sharma, Advs.
Petitioners in person.
Through: Mr. Hitesh Vali, APP
Nagar.
Ms. Nikita Jangir and Ms. Kajal Sharma, Advs. for R-2.
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. 0754/2022, dated 12/08/2022, registered at P.S Prem Nagar, 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 07.12.2019 as per Hindu rites and customs at Delhi. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 22.10.2020. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry by the petitioners. FIR No. 0754/2022, dated 12.08.2022 was registered at instance of Respondent No. 2 at P.S Prem Nagar, Delhi under section 498A/406/34 IPC.
3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 09.05.2023 at Delhi Mediation Centre, Rohini District Courts, Delhi. In view of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 got divorced vide order dated 08.08.2023 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. 5,00,000/- (Rupees five lacs only) as per the schedule mentioned in the Settlement Deed. The copy of Memorandum of Understanding dated 09.05.2023 has been placed on record as Annexure C.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Sundeep from PS Prem Nagar.
5. Respondent No. 2confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 0754/2022 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. 0754/2022is 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. 0754/2022, dated 12/08/2022, registered at P.S Prem Nagar, 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. 0754/2022, dated 12/08/2022, registered at P.S Prem Nagar, 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 24, 2025