Sunil Kumar And ORS v. The State NCT Of Delhi And ANR

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 723/2025 SUNIL KUMAR AND ORS .....Petitioners Through:

Mr. B.K. Pandey and Ms. Pragati Kumari, Advocates along with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Priyanka Dalal, APP for the State.

SI Jeet Ram, P.S. Bindapur.

Ms. Mouli Sharma, Advocate for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 08.07.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed under Section 528 of the BNSS seeks quashing of FIR No. 153/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Dwarka North and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Apoorva Rana, learned Judicial Magistrate First Class, Dwarka Courts, Delhi.

3.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 29.06.2020 as per Hindu rites and ceremonies.and no child was born out of the said wedlock. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 15.11.2020. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no.2 (mother-in-law), petitioner no.3 (Jethani), petitioner no.4 (nanad).

5.

On 16.11.2023, parties have arrived at a settlement before Counselling Cell, Family Courts, Dwarka, and as per the said settlement, petitioner no.1 has agreed to pay an amount of Rs. 3,75,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. 6.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 11.03.2024, passed by the learned Principal Judge, Family Courts, Dwarka. Further, as per the settlement, the amount of Rs. 3,75,000/- has already been paid to respondent no.2, who acknowledges the receipt of the same.

7.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Jeet Ram, P.S. Bindapur. 8.

Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the present FIR is quashed. She further states that all the terms of the agreement have been complied with. 9.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 10.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

11.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 153/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Dwarka North and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Apoorva Rana, learned Judicial Magistrate First Class, Dwarka Courts, Delhi.

12.

In the interest of justice, the petition is allowed, and the FIR No. 153/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Dwarka North and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Apoorva Rana, learned Judicial Magistrate First Class, Dwarka Courts, Delhi, is hereby quashed. 13.

Petition is allowed and disposed of accordingly. 14.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 08, 2025/kr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.