Anand Prakash And ORS v. The State Govt. Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07.07.2025 ,,,,,,,,,, + W.P.(CRL) 1942/2025 and CRL.M.A. 18188/2025 ANAND PRAKASH AND ORS .....Petitioners Through:
Mr.
Rajesh Kumar and Mr.Sanjay Jain, Advocates.
versus THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through:
Mr.
Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar and Mr.
Anjan Sachdeva Advocates for the State.
ASI Ramkishan and SI Puja Saini, PS - Dwarka North.
Mr. Chaman Kumar and Mr.
Akhil Sharma, Advocates for respondent no.2 with respondent no. 2 in person.
CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J.
1.
This is a petition under Article 226 of the Constitution of India read with Section 528 BNSS for quashing of FIR No.323/2022 IPC under Section323/354/34 IPC, P.S. Dwarka North, Delhi and
subsequent proceedings arising therefrom and on the basis of settlement between the parties.
2.
The complainant filed an FIR on 27.05.2022 alleging that her husband, mother-in-law, and father-in-law physically assaulted her and threatened to kill her, and that her father-in-law regularly molests her with her husband's knowledge and support. She further alleged that she overheard a conspiracy to harm her by leaving the gas open, prompting her to flee to the rooftop in fear for her life. Based on these allegations, a case was registered under Sections 323, 354, and 34 IPC.
3.
During the proceedings, the parties have amicably resolved their disputes and executed an MOU/Settlement Deed dated 24.04.2025. The petitioners and respondent no. 2 have mutually agreed to dissolve their marriage under Section 13-B of the Hindu Marriage Act, with the petitioner no. 1 paying a total settlement of ₹25,50,000 to the respondent no. 2, covering all claims including maintenance, alimony, istridhan, and personal belongings. Both parties have agreed to withdraw all pending legal proceedings against each other, including domestic violence, maintenance, and divorce cases, and will cooperate in filing for quashing of FIRs 323/2022 and 630/2022. The copy of Compromise/Settlement Deed dated 24.04.2025 has been placed on record as Annexure P-2.
4.
Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer ASI Ramkishan and SI Puja Saini, from PS - Dwarka North. 5.
Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and has received the full and final settlement amount. She further submits that she has no objection if the FIR No.323/2022 IPC under Section323/354/34 IPC, P.S. Dwarka North, Delhi is quashed against the petitioners. 6.
In view of the settlement dated 24.04.2025 between the parties, learned Standing Counsel appearing for the State, also has no objection if the present FIR No.323/2022 IPC under Section323/354/34 IPC, P.S. Dwarka North, Delhi is quashed. 7.
In Gian Singh vs 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."
8.
In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No.323/2022 IPC under Section323/354/34 IPC, P.S. Dwarka North, Delhi and all the other consequential proceeding emanating therefrom. 9.
In the interest of justice, the petition is allowed, and FIR No.323/2022 IPC under Section323/354/34 IPC, P.S. Dwarka North, Delhi and all the other consequential proceeding emanating therefrom is hereby quashed.
10.
Petition is allowed and disposed of accordingly. 11.
Pending application(s), if any, also stand disposed of. RAVINDER DUDEJA, J JULY 07, 2025 na