Full Text
HIGH COURT OF DELHI
Date of Decision: 16.07.2025 ,,,,,,,,,, CRL.M.C. 4626/2025
SANJEEV KUMAR AGARWAL & ORS. .....Petitioners
Through: Mr. Vadlamani Seshagiri, Ms. Ananya Kukreti, Ms. Poorvi Avtar and Mr. P.K. Simantini, Adv.
Petitioners in person.
Through: Mr. Satinder Singh Bawa, APP for the State
Kumar, PS.Nangloi.
Mr. Dhananjay Sehrawat, Adv. for R-2
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 1006/2002, dated 18.11.2002, registered at P.S Nangloi, 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 17.07.1994 according to Hindu rites and ceremonies. A daughter was born on 15.04.1996 out of the said wedlock. It is submitted that due to temperamental differences Respondent No. 2 and Petitioner No. 2 are living separately since
1999. As per allegations, respondent no.2 and her family were subjected to consistent mental and physical harassment, criminal intimidation and cruelty on account of demands for dowry by Petitioners. Respondent No. 2 lodged an FIR No. 1006/2002, dated 18.11.2002, at P.S Nangloi, Delhi under sections 498A/406/34 IPC.
3. During the proceedings, the parties have amicably resolved their disputes and executed a Mediation Settlement dated 19.05.2025 at Delhi Mediation Centre, Tis Hazari Courts, Delhi vide Mediation NO. 1728/2025. In pursuance of the settlement Petitioner No. 1 has paid ₹30,00,000/- (Rupees Thirty lacs) to Respondent No. 2 as per the schedule mentioned in the Mediation Settlement. It is submitted that all conditions of the Settlement Agreement have been complied. It is submitted that respondent no.2 has obtained decree of divorce from US Court and Respondent No. 2 has agreed not to challenge the foreign divorce decree or initiate any further litigation against each other. The copy of Mediation Settlement dated 19.05.2025 has been placed on record as Annexure D.
4. Petitioner no. 2 and respondent no. 2 are physically present before the Court while petitioner no.1 has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Jitender Kumar from PS Nangloi.
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. 1006/2002 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. 1006/2002 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. 1006/2002, dated 18.11.2002, registered at P.S Nangloi, Delhi under sections 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. 1006/2002, dated 18.11.2002, registered at P.S Nangloi, Delhi under sections 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 16, 2025