Full Text
HIGH COURT OF DELHI
Date of Decision: 23.05.2025 ,,,,,,,,,, CRL.M.C. 2411/2025, CRL.M.A. 10800/2025
SAGAR GAMBHIR .....Petitioner
Through: Petitioner in person.
… Respondents
Through: Mr. Satinder Singh Bawa, APP for State.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0419/2016, dated 09.09.2016, registered at P.S Bharat Nagar 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 01.01.2014 as per Hindu rites and ceremonies at Delhi. A girl child was born on 24.05.2020 out of the said wedlock. Respondent No.2 lodged the aforesaid FIR against Petitioner. The charge sheet was filed under sections 498A/406 IPC.
3. It is submitted that during the proceedings, the parties amicably resolved their disputes and executed a Compromise/Settlement Deed dated 31.03.2025, and are residing together amicably in matrimonial home. The copy of Compromise/Settlement Deed dated 31.03.2025 has been placed on record as Annexure P-3.
4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “14.05.2025 Today, statement of respondent no. 2 and petitioner no. 1 have been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no. 2 and Petitioner no. 1 have been identified by the IO. Let the pre-verified statement along with this order be placed before the Hon'ble Court on 23rd May, 2025.
5. Both parties are physically present before the Court. They have been identified by their respective counsels.
6. Respondent No.2 confirms that the matter has been settled with the Petitioner without any force, fear, coercion and she no objection if the FIR No. 0419/2016 is quashed against the Petitioner.
7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0419/2016 along with the charge sheet is quashed.
8. 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:-
9. 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. 0419/2016, dated 09.09.2016, registered at P.S Bharat Nagar under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO. 0419/2016, dated 09.09.2016, registered at P.S Bharat Nagar under sections 498A/406/34 IPC along with the charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J MAY 23, 2025