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HIGH COURT OF DELHI
Date of Decision: 07.07.2025 ,,,,,,,,,, CRL.M.C. 4045/2025 and CRL.M.A. 17579/2025
ANAND PRAKASH AND ORS .....Petitioners
Through: Mr. Rajesh Kumar and Mr.Sanjay Jain, Advocates.
Through: Mr. Hitesh Vali, APP for the State.
SI Sandeep Singh, PS –
Gazipur.
Mr. Chaman Kumar, Ms. Surbhi and Mr. Akhil Sharma, Advocates for respondent no.2
JUDGMENT
RAVINDER DUDEJA, J.
1. The present petition is filed under Section 482 Cr.P.C. (Old Act) / Section 528 BNSS (New Act) for quashing of FIR No.0630 / 2022 IPC U/S 498A/406/34 IPC, P.S. Ghazipur, Delhi.
2. Marriage between the parties were solemnized on 01.02.2017 according to hindu rites and ceremonies. One child namely, Vihan Prakash was born out of the wedlock on 02.06.2019. Due to temperamental differences both the parties started living separately since 27.05.2022. Pursuant to this, Respondent no. 2 filed the aforesaid FIR. The charge sheet has since been filed by the IO before the concerned court under Sections 498A/406/354/34 IPC & 3/ 4 of Dowry Prohibition Act.
3. During the proceedings, the parties amicably resolved their disputes through a Settlement Deed/MOU dated 24.04.2025, facilitated by family and respectable persons. As per the settlement, Petitioner No. 1 agreed to pay a total sum of ₹25,50,000 to Respondent No. 2, with ₹8,50,000 each paid at the time of first and second motion of mutual divorce, and the final installment to be paid at the time of FIR quashing. A decree of mutual divorce was granted on 28.05.2025 vide by the PJ, FC, Kakardooma court, Delhi. The copy of Compromise/Settlement Deed dated 24.04.2025 has been placed on record as Annexure P-3.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Sandeep Singh, from PS – Gazipur.
5. Respondent No.2 has confirmed that the matter has been settled with the petitioners without any force, fear, coercion and she has received the full and final settlement amount. She further submits that she has no objection if the FIR No.0630/2022 IPC U/S 498A/406/354/34 IPC & 3/4 of Dowry Prohibition Act, P.S. Ghazipur, Delhi is quashed against the petitioners.
6. In view of the settlement dated 24.04.2025 between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No.0630/2022 IPC U/S 498A/406/354/34 IPC & 3/4 of Dowry Prohibition Act, P.S. Ghazipur, Delhi 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.0630/2022 IPC U/S 498A/406/354/34 IPC & 3/4 of Dowry Prohibition Act, P.S. Ghazipur, Delhi and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR No.0630/2022 IPC U/S 498A/406/354/34 IPC & 3/4 of Dowry Prohibition Act, P.S. Ghazipur, Delhi 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 07, 2025