Kamal Singh v. The State NCT Of Delhi & ANR.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4011/2025 KAMAL SINGH .....Petitioners Through:

Counsel (appearance not given) along with petitioners in person.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Rajkumar, APP for State with SI Shivam along with R-2 in person.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 30.05.2025 1.

By way of the present petition, the petitioner is seeking quashing of FIR bearing no. 677/2016, registered at Police Station Khajuri Khas, Delhi for the commission of offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter 'IPC') and Section 4 of the Dowry Prohibition Act, 1961 (hereafter 'DP Act').

2.

Issue notice. Mr. Rajkumar, learned APP accepts notice on behalf of the State.

3.

All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned.

4.

Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 had been solemnized at Delhi on 18.11.2011, in accordance with Hindu rites and one child was born out of the wedlock. It is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

stated that due to various differences, disputes and issues that had arisen between the petitioners and the respondent no. 2, thereafter, they had started residing separately. Upon a complaint made 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 Family Court, Saket vide Settlement Agreement dated 14.01.2025.

5.

On a query made by this Court, respondent no. 2 who has been identified by the 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 further stated that she has received the full and final payment of Rs. 10,00,000/- vide Demand Draft bearing no. 007361 drawn on HDFC Bank, New Delhi. Therefore, she has no objection if the FIR is quashed. 6.

In view of the above, 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. 7.

Accordingly, FIR bearing no. 677/2016, registered at Police Station Khajuri Khas, Delhi for the commission of offences punishable under Sections 468A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed subject to the fact that the rights of the child will not get affected as per the judgment passed by the Hon‟ble Supreme Court titled as Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787. 8.

In view of the above, the present petition stands disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 30, 2025/vc 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.