Full Text
HIGH COURT OF DELHI
Date of Decision: 10.07.2025
DIVANSHU SHARMA .....Petitioner
Through: Mr. Pramod Tyagi, Adv. along
Through: Mr. Satinder Singh Bawa, APP for the State
Mr. Shekhar, Adv. for R2 along
JUDGMENT
RAVINDER DUDEJA, J.
1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR no. 490/2022 registered on 16.05.2022under sections 498A/406/34 IPC at PS Dabri, and all proceedings arising therefrom pursuant to a settlement between the parties.
2. Marriage between the parties was solemnized on 04.02.2018 by way of Hindu rites and ceremonies. A son namely, Pratham was born out of the said wedlock. Due to temperamental differences both the parties started living separately since 17.12.2021. Pursuant to which the aforesaid FIR was lodged. The Charge sheet has not been filed.
3. During the pendency of the proceedings, both parties entered into a Compromise/Settlement Deed dated 01.03.2024 before counselling cell, family courts. As per the settlement, the petitioner agreed to pay a sum of ₹9,00,000/- to respondent no. 2 towards full and final settlement of all claims. Their marriage was subsequently dissolved on 19.07.2024 vide HMA Petition No. 2007/2024, and a copy of the Settlement Deed is annexed as Annexure P[2].
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Mamta from PS-Dabri.
5. Respondent No. 2/complainantsubmits that the matter has been amicably settled with the Petitioners without any force, fear, or coercion and confirm that she has receive the full and final settlement amount. She has no objection to the terms and conditions mentioned in the Compromise/Settlement Deed dated 01.03.2024 and further submits that she has no objection if FIR no. 490/2022 registered on 16.05.2022 under sections 498A/406/34 IPC at PS Dabri along with all pending proceedings arising therefrom, 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. 490/2022 registered on 16.05.2022 under sections 498A/406/34 IPC at PS Dabri along with pending proceeding 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. 490/2022 registered on 16.05.2022 under sections 498A/406/34 IPC at PS Dabri and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR NO. 490/2022 registered on 16.05.2022 under sections 498A/406/34 IPC at PS Dabri, along with the charge sheet 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 10, 2025