Full Text
HIGH COURT OF DELHI
Date of Decision: 22.07.2025 ,,,,,,,,,, CRL.M.C. 4839/2025
SADDAB AKHTAR & ORS. .....Petitioners
Through: Mr. Adab Singh Kapoor, Ms. Kavita Bhardwaj & Mr. Pramod Kumar Yadav, Advocates along
Through: Mr. M.M. Sana & Mr. Haider Ali, Advocates along
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 60/2021, dated 24.12.2021, registered at P.S Crime (Women) Cell Nanak Pura, 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 08.11.2020 as per Muslim rites and ceremonies. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 20.04.2021. As per allegations, respondent No. 2 was subjected to physical and mental harassment on account of dowry demands and was extended threats. She was also beaten, isolated and deprived of her stridhan. Accordingly, FIR was registered at P.S Crime (Women) Cell Nanak Pura, Delhi under section 498A/406/34 IPC. Chargesheet was filed against the petitioners under sections 498A/406/509/34 IPC.
3. During the pendency of the proceedings, the parties have amicably resolved their disputes and executed a Settlement dated 21.03.2025 arrived at Mediation Centre, Saket Courts, New Delhi. In pursuance of the settlement Petitioner No. 1 and Respondent No. 2 dissolved their marriage by way of Talaq-e-Hasan on 12.08.2021. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 14,50,000/- (Rupees fourteen lacs fifty thousand only) as per the schedule mentioned in the Settlement Deed. The copy of Mediation Settlement dated 21.03.2025 has been placed on record as Annexure P-1.
4. Petitioners No. 1, 2, 3 & respondent No. 2 are physically present before the Court while petitioner No. 4 has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Mukesh Kumar, from PS Nanak Pura.
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. 60/2021 is quashed against the petitioners. She submits that she has received Rs. 13 lakhs by way of demand drafts and balance amount of Rs. 1.[5] lakh in cash from 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. 60/2021 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. 60/2021, dated 24.12.2021, registered at P.S Crime (Women) Cell Nanak Pura, 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. 60/2021, dated 24.12.2021, registered at P.S Crime (Women) Cell Nanak Pura, 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 22, 2025