Yogesh Gupta & ORS. v. The State NCT Of Delhi And ANR
$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3563/2025 YOGESH GUPTA & ORS.
.....Petitioners Through:
Mr. Satish Kumar and Mr. Lalit Kr., Advocates alongwith petitioners in person.
versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Digam Singh Dagar, APP for the State.
ASI Gajraj Singh, PS Gokalpuri.
Ms. Naiem J. Heena (DHCLSC) with Mr. Raj Kumar, Advocates forR-2 (through VC).
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. 15700/2025 (exemption) 2.
Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 3563/2025 3.
The present petition filed under Section 482 of the Cr.P.C. (Section 528 of the BNSS) seeks quashing of FIR No. 166/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Gokul Puri. 4.
The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 18.07.2021 as per Hindu rites and ceremonies. 5.
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.
6.
Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from August 2021. Subsequently, respondent no.2/complainant registered an FIR against the petitioners. 7.
On 22.03.2024, parties have arrived at a settlement before learned Family Judge, Family Court Karkardooma Courts, Delhi, and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs.5,25,000/- 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. The copy of the aforesaid settlement deed dated 22.03.2024 is on record as Annexure 3.
8.
In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 28.11.2024, passed by Shri Sanjay Sharma-I, Principal Judge, Family Court (North-East), Karkardooma Courts, Delhi (Annexure 9). Further, as per the settlement deed, an amount of Rs. 3,75,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 1,50,000/- has been paid to her in Court today. 9.
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, ASI Gajraj Singh, PS Gokalpuri. 10.
A demand draft bearing no. 004420 dated 15.05.2025 for Rs.1,50,000/- drawn on Zila Sahkari Bank Ltd. Ghaziabad has been handed over to the complainant/Respondent No.2, who acknowledges the receipt of the same. 11.
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. 12.
Learned APP for the State submits that investigation in the present FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
is pending and chargesheet has not been filed. 13.
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 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."
14.
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. 166/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Gokul Puri.
15.
In the interest of justice, the petition is allowed, and the FIR No. 166/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Gokul Puri, is hereby quashed.
16.
Petition is allowed and disposed of accordingly. 17.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 14, 2025/sn The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.