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HIGH COURT OF DELHI
Date of Decision: 21.07.2025 ,,,,,,,,,, CRL.M.C. 4780/2025
PRAVEEN SHARMA & ORS. .....Petitioners
Through: Mr. Narender Kumar, Adv. along
Through: Mr. Aman Usman, APP for the State
Usmanpur Mr. Pramod Kumar Tripathi, 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. 0369/2022, dated 18.02.2022, registered at P.S New Usmanpur, Delhi under Sections 498A/406/34 IPC & Section 4 DP Act and all proceedings emanating therefrom on the basis of settlement between the parties.
2. That marriage between Petitioner No. 1 and Respondent No. 2 solemnized on 15.02.2017. A son namely Jatin was adopted from the said wedlock. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 27.05.2018. As per the FIR, Respondent No. 2 alleged that the Petitioners subjected her to both physical and mental harassment, dowry harassment. It is further alleged that Respondent No. 2 was thrown from her matrimonial home and her jewelry was taken by the Petitioners. Thereafter, Respondent No. 2 filed FIR No. 0369/2022, dated 18.02.2022, at P.S New Usmanpur, Delhi under section 498A/406/34 IPC & Section 4 DP Act. Chargesheet was filed against the petitioners under section 498A/406/34 IPC & Section 4 DP Act.
3. During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding/ Settlement Deed dated 20.09.2024. In pursuance of the settlement Petitioner NO. 1 and Respondent No. 2 filed divorce petition under Section 13-B(2) of the Hindu Marriage Act, 1955 and the Ld. JFC, Central Districts, Tis Hazari Courts, New Delhi allowed the mutual divorce petition on 27.02.2025, thereby dissolving the marriage between the Petitioner No. 1 and Respondent No.2. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 10,50,000/- (Rupees ten lacs fifty thousand only) as per the schedule mentioned in the Settlement Deed. The copy of Memorandum of Understanding/ Settlement Deed dated 20.09.2024 has been placed on record as Annexure C.
4. Petitioner nos. 1, 3 & 5 and respondent no. 2 are physically present before the Court. Petitioner no. 6 is stated to have expired. They have been identified by their respective counsels as well as by the Investigating Officer SI Suresh from PS 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. 0369/2022 is quashed against the Petitioner.
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. 0369/2022 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 quiet us to the dispute, no useful purpose will be served in continuing with the present FIR No. 0369/2022, dated 18.02.2022, registered at P.S New Usmanpur, Delhi under section 498A/406/34 IPC & Section 4 DP Act and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 0369/2022, dated 18.02.2022, registered at P.S New Usmanpur, Delhi under section 498A/406/34 IPC & Section 4 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 21, 2025