Full Text
HIGH COURT OF DELHI
Date of Decision: 29.07.2025 ,,,,,,,,,, CRL.M.C. 2100/2025 & CRL.M.A. 9395/2025 (exemption)
PUNEET JAIN .....Petitioner
Through: Petitioner in person
Through: Mr. Hitesh Vali, APP for the State
NFC.
Dr. Chandra Shekhar, 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. 0099/2014, dated 12.03.2014, registered at P.S New Friends Colony, Delhi under Sections 498A/406 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 13.04.1994 as per Hindu rites and customs at Delhi. Two female children were born out of the said wedlock. Due to temperamental differences Petitioner and Respondent No. 2 started living separately since 01.06.2011. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioner. Chargesheet has since been filed under section 498A/406 IPC.
3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 04.03.2024. In respect of the aforesaid settlement, Petitioner and Respondent No. 2 have dissolved their marriage by mutual consent. The copy of Memorandum of Understanding dated 04.03.2024 has been placed on record as AnnexureP-2 (Colly).
4. Petitioner is physically present before the Court while Respondent no. 2 has entered her appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Rakesh Gilla from PS New Friends Colony.
5. Respondent No. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and she has no objection if the FIR No. 0099/2014 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. 0099/2014 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:- "61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
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. 0099/2014, dated 12.03.2014, registered at P.S New Friends Colony, Delhi under sections 498A/406 IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 0099/2014, dated 12.03.2014, registered at P.S New Friends Colony, Delhi under section 498A/406 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioner depositing Rs. 10,000/- as cost with Delhi High Court Advocates Welfare Fund (Account No. 15530110179338), maintained by UCO Bank, Delhi High Court, within a period of one month.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J JULY 29, 2025