Sh. Gaurav Saini & ORS. v. State (NCT Of Delhi) & ANR.
$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2273/2025 SH. GAURAV SAINI & ORS.
.....Petitioners Through:
Mr. Achin Goel, Advocate along with petitioners.
versus STATE (NCT OF DELHI) & ANR.
.....Respondents Through:
Mr. Rajkuamr, APP for the State with SI Sumeet Poonia, P.S. Vivek Vihar.
Respondent no. 2-in-person.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 24.04.2025 CRL.M.A. 10202/2025 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 2273/2025 3.
By way of the instant petition, petitioners seek quashing of FIR bearing No. 304/2021, registered at Police Station Vivek Vihar, Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter 'IPC').
4.
All the petitioners are present before this Court and have been identified by their counsel and concerned Investigating Officer (IO) SI Sumeet Poonia from Police Station Vivek Vihar. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Brief facts of the present case are that the marriage between the petitioner no. 1 and the respondent no. 2 had been solemnized at Ghaziabad, Uttar Pradesh on 07.12.2009, in accordance with Hindu rites and ceremonies. It is stated that due to various differences, disputes and issues had arisen between the petitioners and the respondent no. 2. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute before Delhi Mediation Centre, Karkardooma Courts, Delhi vide Settlement Deed dated 23.09.2024. 6.
On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties before the Delhi Mediation Centre, Karkardooma Courts, Delhi vide Settlement Deed dated 23.09.2024 entered into between them.
7.
It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 8.
The petitioner no. 1 had paid a sum of Rs. 9,00,000/- in three instalments in the following manner:
a. First installment of Rs.2 lakhs paid to respondent no. 2 in the first motion petition.
b. Second installment of Rs. 3 lakhs paid to respondent no. 2 at the time of second motion.
e. Third/Final installment of Rs. 4 lakhs to be paid at the time of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
quashing of the FIR before the Hon'ble High Court at New Delhi. 9.
Today, the complainant who is present in Court states that she has received the last and final installment of Rs. 4 lakhs today, i.e., 24.04.2025 vide DD No. 000075 drawn on Bank of India, Paschim Vihar and has no objection, if the present FIR is quashed.
10.
In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11.
Accordingly, FIR bearing No. 304/2021, registered at Police Station Vivek Vihar, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 12.
The petition stands disposed of.
13.
The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J APRIL 24, 2025/zp 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.