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HIGH COURT OF DELHI
Date of Decision: 22.07.2025 ,,,,,,,,,, CRL.M.C. 3918/2025 & CRL.M.A. 17098/2025 EXEMPTION
BHARAT SHARMA & ORS. .....Petitioners
Through: Mr. Banka Bihari Panda, Mr. Ankit Sharma, Mr. Bhaskar Singh, Advs
Petitioners in person.
… Respondents
Through: Mr. Hitesh Vali, APP for the State
Mr. Deepak Singh Poonia, Mr. Mohit Aggarwal, Mr. Bhuvan Shekhar, Advs. for R-2
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. 0986/2022, dated 23.11.2022,registered at P.S New Usmanpur, Delhi under Sections 498A/406/34 IPC & Section 4 of DP Act 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 30.01.2019 as per Hindu rites and ceremonies. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 18.03.2022. As per allegations, respondent no.2 was subjected to both physical and mental harassment on account of dowry demands by the petitioners. FIR No. 0986/2022, dated 23.11.2022 was lodged at P.S New Usmanpur, Delhi under section 498A/406/34 IPC & Section 4 of DP Act. Chargesheet has been filed against the petitioners on 07.02.2025.
3. During the pendency of the proceedings, the parties have amicably resolved their disputes and executed a Settlement dated 27.03.2025 at Counselling Cell, Saket (South) Courts, New Delhi. Pursuant to aforesaid settlement, parties have obtained divorce by mutual settlement. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 55,00,000/- (Rupees fifty five lacs only) as per the schedule mentioned in the Settlement Deed. The copy of Settlement dated 27.03.2025 has been placed on record as Annexure
4. Petitioner nos. 1, 2 and 6 as well as respondent no.2 are physically present before the Court while respondent nos. 3 to 5 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Suresh Kr. Meena from PS New Usmanpur.
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. 0986/2022is 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. 0986/2022is 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. 0986/2022, dated 23.11.2022, registered at P.S New Usmanpur, Delhi under section 498A/406/34 IPC& Section 4 of DP Act and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 0986/2022, dated 23.11.2022, registered at P.S New Usmanpur, Delhi under section 498A/406/34 IPC & Section 4 of DP Act 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