Full Text
HIGH COURT OF DELHI
Date of Decision: 21.07.2025 ,,,,,,,,,, CRL.M.C. 4799/2025 & CRL.M.A. 20775/2025EXEMPTION
SUIAB ANSARI@SUAIB AND ORS .....Petitioners
Through: Mr. Ashok Kumar and Mr. Nikhil Yadav, Advs.
Petitioners in person.
Through: Mr. Hitesh Vali, APP
R-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. 496/2022, dated 31.10.2022, registered at P.S Seelampur, Delhi under Sections498A/406/34 IPC & Section 4 of Dowry Prohibition 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 21.10.2020 according to Muslim rites and ceremonies at Delhi. It is submitted that one male child namely Saibo was born from the said wedlock on 07.11.2021. As per allegations in the FIR, Respondent No. 2 was subjected to mental and physical cruelty, sexual harassment and was instigated to commit suicide. She was thrown out of her matrimonial home by the petitioners. She was deprived of her stridhan. Thereafter, FIR No. 496/2022, dated 31.10.2022, was lodged at P.S Seelampur, Delhi under section 498A/406/34 IPC & Section 4 of Dowry Prohibition Act. Chargesheet has been filed against the Petitioners under section 498A/406/34 IPC & Section 4 of Dowry Prohibition Act.
3. During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 26.03.2025. In pursuance of settlement, Respondent No.2 and Petitioner No. 1 have started residing together along with their child. The copy of Memorandum of Understanding dated 26.03.2025 has been placed on record as Annexure A.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Gunjan from PS Seelampur.
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. 496/2022 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. 496/2022 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 quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 496/2022, dated 31.10.2022, registered at P.S Seelampur, Delhi under section 498A/406/34 IPC & Section 4 of Dowry Prohibition Act and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 496/2022, dated 31.10.2022, registered at P.S Seelampur, Delhi under section 498A/406/34 IPC & Section 4 of Dowry Prohibition 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