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High Court of DelhiCRL.M.C./775/2025

Ramesh Kumar And Others v. The State Of NCT Of Delhi

2025-07-14Hon'Ble Mr. Justice Amit Sharma3 pages

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 775/2025 RAMESH KUMAR AND OTHERS .....Petitioners Through:

Mr. Navin Kumar Jha, Adv. along with the petitioner in person versus THE STATE OF NCT OF DELHI .....Respondent Through:

Mr. Digam Singh Dagar, APP for the State.

SI Saurabh Arora, PS Maidan Garh and SI Satbir Singh, Distt. Line/South East.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 14.07.2025 1.

This hearing has been done through hybrid mode. CRL.M.A. 3626/2025(exemption) 2.

Allowed, subject to all just exceptions. This application is disposed of. CRL.M.C. 775/2025 3.

The present petition under Section 528 of the BNSS seeks quashing of FIR No. 356/2021, under Section 498A/406/34 IPC, registered at PS Maidan Garhi, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shikha Chaha, learned JMFC, South District, Saket Courts. 4.

The marriage between the petitioner no.1/husband and the respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no.2/wife was solemnized on 28.06.2020 as per Hindu Rites and Customs and no child was born out of the said wedlock.

5.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties resided separately from 29.08.2020. Subsequently, respondent no.2/complainant lodged a complaint against petitioner no. 1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother-inlaw) and petitioner no. 4 (sister-in-law). 6.

On 23.12.2023, parties arrived at a settlement, and as per the said settlement deed, respondent no. 2 had already taken her entire stridhan with her and petitioner no. 1 has no belongings of respondent no. 2 with him. It further records that petitioner no.1 and respondent no. 2 have amicably resolved all their disputes pertaining to this marriage including stridhan, permanent alimony, dowry articles and maintenance (past, present & future). 7.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 27.04.2024, passed by Ms. Nisha Saxena, Principal Judge, Family Court, South Saket, New Delhi. 8.

Petitioner nos. 1 to 4 and complainant/respondent no. 2 have appeared in person before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Saurabh Arora, PS Maidan Garhi.

9.

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

10.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

In Gian Singh v. State of Punjab (2012) 10 SCC 303, Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "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 proceedings."

12.

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. 356/2021, under Section 498A/406/34 IPC, registered at PS Maidan Garhi, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shikha Chaha, learned JMFC, South District, Saket Courts. 13.

In the interest of justice, the petition is allowed, and the FIR No. 356/2021, under Section 498A/406/34 IPC, registered at PS Maidan Garhi, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shikha Chaha, learned JMFC, South District, Saket Courts, is hereby quashed. 14.

Petition is allowed and disposed of accordingly. 15.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 14, 2025/kr/yg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.