Sh Birpal Singh @ Veerpal And ORS v. State NCT Of Delhi And ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1031/2025 SH BIRPAL SINGH @ VEERPAL AND ORS .....Petitioners Through:

Mr. Rajkumar, Advocate.

Petitioner no. 1 to 6 and 8 in person.

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

Mr. Sanjeev Sabharwal, APP for the State.

SI Dinesh Kumar, P.S. Nand Nagri.

Mr. Suhail Khanna, Ms. Priya Nagar, Mr. Abhishek Nagar and Mr. Abdul Qadir, Advocates for R-2.

Respondent no. 2 in person (through Vc).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 21.05.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition filed under Section 528 of the BNSS seeks quashing of FIR No. 569/2018, under Sections 498A/406/377/34 of the IPC and Section 4 of the Dowry Prohibition Act, registered at P.S. Nand Nagri, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Nidhi Bala, learned Judicial Magistrate First Class, Karkardooma Courts, Delhi. 3.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 07.12.2012 as per Hindu rites and ceremonies. 4.

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.

5.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 20.07.2014. Subsequently, respondent no.2/complainant lodged an FIR against the petitioners. 6.

On 17.12.2018, parties arrived at a settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 2,00,000/- 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.

7.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 09.11.2020, passed by learned JudgeFamily Court, Shahdara District, Delhi. 8.

Petitioner nos. 1 to 6, 8 appears in person and complainant/respondent no. 2 appears through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Dinesh Kumar, P.S. Nand Nagri.

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. She further states that all the terms of the agreement 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. 11.

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:- "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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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."

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. 569/2018, under Sections 498A/406/377/34 of the IPC and Section 4 of the Dowry Prohibition Act, registered at P.S. Nand Nagri, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Nidhi Bala, learned Judicial Magistrate First Class, Karkardooma Courts, Delhi. 13.

In the interest of justice, the petition is allowed, and the FIR No. 569/2018, under Sections 498A/406/377/34 of the IPC and Section 4 of the Dowry Prohibition Act, registered at P.S. Nand Nagri, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Nidhi Bala, learned Judicial Magistrate First Class, Karkardooma Courts, Delhi, is hereby quashed. 14.

Petition is allowed and disposed of accordingly. 15.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 21, 2025/bsr 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.