Sushil Kumar And ORS v. The State Govt. Of NCT Of Delhi And ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4001/2025&CRL.M.A. 17427/2025 SUSHIL KUMAR AND ORS .....Petitioners Through:

Ms. Megha, Ms. Akrti Gupta and Mr.

Jai Vardhan, Advocates along with Petitioner nos. 1, 3 and 4 in person.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for the State.

SI Mahender Koli, P.S. Bhalswa Dairy.

Ms. Arti Singh, Ms. Jaya Sachdeva and Mr. Vishal Soni, Advocates for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 30.05.2025 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. 629/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Bhalswa Dairy, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Preeti, learned Judicial Magistrate First Class, Mahila Court, North West, Rohini Courts, Delhi.

3.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 27.06.2010 as per Hindu rites and customs and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

one girl child was born out of the said wedlock. 4.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately. Subsequently, respondent no.2/complainant registered an FIR against the petitioners. 5.

Learned counsel for the petitioner submits during the pendency of the proceedings, with the intervention of family and friends, the parties have settled their dispute and are now residing together since January 2021 at their matrimonial home along with their child.

6.

Petitioner nos. 1, 3, 4 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 Mahender Koli, P.S. Bhalswa Dairy. 7.

On an oral exemption on behalf of the petitioners, personal appearance of petitioner Nos. 2 and 5 is exempted on medical grounds. 8.

The Complainant/respondent No.2 states that the matter has been settled and she is living with petitioner no. 1 since January 2021 at their matrimonial home along with their minor child and she has no objection if the FIR is quashed against the petitioners.

9.

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

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

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."

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. 629/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Bhalswa Dairy, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Preeti, learned Judicial Magistrate First Class, Mahila Court, North West, Rohini Courts, Delhi.

12.

In the interest of justice, the petition is allowed, and the FIR No. 629/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Bhalswa Dairy, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Preeti, learned Judicial Magistrate First Class, Mahila Court, North West, Rohini 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 MAY 30, 2025/bsr/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.