Full Text
HIGH COURT OF DELHI
Date of Decision: 08.07.2025 ,,,,,,,,,, CRL.M.C. 4399/2025
SH. WASEEM .....Petitioners
Through: Mr. Mohd Imran, Advocate.
Petitioner through VC.
Through: Ms. Shubhi Gupta, APP
Seelampur.
Mr. Z.R. Shamsi, Advocate for R-2.
Mr. Sanjeev Bhandari, ASC
Respondent No. 2 through VC.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0222/2022, dated 13.04.2022, registered at P.S Seelampur under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. The marriage between Petitioner and Respondent No.2 was solemnized on 10.08.2020 as per Muslim rites and ceremonies. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 14.09.2021. Thereafter, Respondent No.2 lodged the aforesaid FIR against the Petitioner and his family members. The charge sheet was filed under sections 498A/406/34 IPC and section 4 of the Dowry Prohibition Act, 1961.
3. During the proceedings, the parties amicably resolved their disputes before Delhi Mediation Centre, Karkardooma Courts and executed a Settlement Deed dated 06.06.2023. In pursuance of the Settlement, the parties have mutually agreed to live together under one roof. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn. The copy of Settlement Deed dated 06.06.2023 has been placed on record as Annexure P-6.
4. Both parties have entered their appearance through VC. They have been identified by their Advocate as well as by the Investigating Officer SI Kuldeep, from PS Seelampur.
5. Respondent No.2 confirms that the matter has been settled with the Petitioner without any force, fear, coercion and she has willfully agreed to live together with the Petitioner again. She further submits that she has no objection if the FIR No. 0222/2022 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. 0222/2022 alongwith charge sheet 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. 0222/2022, dated 13.04.2022, registered at P.S Seelampur 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. 0222/2022, dated 13.04.2022, registered at P.S Seelampur under sections 498A/406/34 IPC alongwith 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 08, 2025