Tinku @ Tarun & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.
$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4078/2025 TINKU @ TARUN & ORS.
.....Petitioners Through:
Mr. Rishabh Kapoor, Advocates along with petitioners in person.
versus STATE (GOVT. OF NCT OF DELHI) & ANR.
.....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State with SI Vikas, P.S. Rajouri Garden.
Ms. Chanchal and Ms. Mahima, 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. 281/2021, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Akansha Gautam, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi.
3.
The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 15.06.2020 as per Hindu rites and customs and one female 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
no.2/complainant registered an FIR against the petitioners. 5.
Learned counsel for the petitioner submits that in pursuance of the settlement dated 22.04.2025, parties arrived at settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. It is further stated that the parties are living together, at their matrimonial home, since 25.04.2025, alongwith their minor daughter.
6.
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, SI Vikas, P.S. Rajouri Garden. 7.
The Complainant/respondent No.2 states that the matter has been settled and she is living with petitioner no. 1 since 25.04.2025 at their matrimonial home and she has no objection if the FIR is quashed against the petitioners.
8.
In view of the settlement between the parties, learned APP for the State has no objection if the present FIR is quashed. 9.
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 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."
10.
In view of the aforesaid circumstances, and the fact that the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 281/2021, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Akansha Gautam, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi.
11.
In the interest of justice, the petition is allowed, and the FIR No. 281/2021, under Sections 498A/406/34 of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Akansha Gautam, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi, is hereby quashed.
12.
Petition is allowed and disposed of accordingly. 13.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 30, 2025/bsr/pr 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.