Mandeep & Ors. v. The State Govt. of NCT of Delhi & Anr.

Delhi High Court · 24 Jul 2025 · 2025:DHC:6015
Ravinder Dudeja
CRL.M.C. 8697/2024
2025:DHC:6015
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC based on an amicable settlement and mutual consent divorce, exercising its inherent jurisdiction under Section 482 CrPC.

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CRL.M.C. 8697/2024
HIGH COURT OF DELHI
Date of Decision: 24.07.2025 ,,,,,,,,,, CRL.M.C. 8697/2024
MANDEEP & ORS. .....Petitioners
Through: Mr. Babban Bhai, Mr. Manish Sindwani, Advs. along
WITH
petitioners through VC
VERSUS
THE STATE GOVT. OF NCT OF DELHI & ANR.
… Respondents
Through: Mr. Hitesh Vali, APP for the State
WITH
SI Preeti
Mr. Varun Dabas, Adv. for R-2 along
WITH
R-2 in person
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. This is a petition under Section 482 of Code of Criminal Procedure, 1973, seeking quashing of FIR No. 595/2020, dated 24.09.2020, registered at P.S Samaypur Badli, 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 19.06.2017 as per Hindu rites and customs at Sonipat. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 15.10.2019. As per averments made in the FIR, Respondent No. 2 was subjected to both physical and mental harassment on account of dowry by the petitioners and also withheld her stridhan. She also alleged that she was forced for termination of her pregnancy. Subsequently, FIR NO. 595/2020, dated 24.09.2020 was lodged at instance of Respondent NO. 2 at P.S Samaypur Badli, Delhi under section 498A/406/34 IPC. Chargesheet was filed under sections 498A/406/34/354 IPC against the petitioners.

3. It has been submitted by the learned counsel for the petitioner that parties have amicably settled their disputes and a joint statement was made by petitioner No. 1 and respondent No. 2 before the Family Court, Patiala House Courts on 10.04.2024, copy of which has been placed on record as Annexure P-3. He further states that parties have obtained divorce by mutual consent in terms of the settlement.

4. Petitioner No. 1 is physically present before the Court while Petitioner No. 2 & 3 and Respondent No. 2 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Preeti, from PS Samaypur Badli.

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. 595/2020 is 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. 595/2020 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. 595/2020, dated 24.09.2020, registered at P.S Samaypur Badli, 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. 595/2020, dated 24.09.2020, registered at P.S Samaypur Badli, 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 24, 2025