Sunil Kumar & ANR. v. The State Govt Of NCT Of Delhi And ANR
$~96 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 28.07.2025 ,,,,,,,,,, + CRL.M.C. 4981/2025 SUNIL KUMAR & ANR.
.....Petitioners Through:
Mr. Manmohan Tiwari, Adv.
along with petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI & ANR.
... Respondents Through:
Mr. Hitesh Vali, APP for the State with SI Monika, PS Mandawali Mr. I.V. Raghav, Adv. for R-2 along with R-2 in person.
CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J.
1.
This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0051/2021, dated 27.01.2021, registered at P.S Mandawli, Fazalpur under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2.
The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 21.02.2020 as per Hindu rites and customs. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 10.05.2020. As per averments made in CRL.M.C. 4981/2025 Page 1 of 4
the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. She further alleged that petitioners withheld her stridhan. Subsequently, FIR No. 0051/2021, dated 27.01.2021 was lodgedd at instance of Respondent No. 2 at P.S Mandawli, Fazalpur under section 498A/406/34 IPC. Chargesheet has been filed under sections 498A/406/34 IPC against the petitioners.
3.
During the course of proceedings, the parties amicably resolved their disputes before the Counsellor, Family courts vide Settlement Agreement dated 25.04.2024. In view of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have obtained divorce vide order dated 29.01.2025 under sections 13B(1)/(2) of HMA. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 9,50,000/- (Rupees nine lacsfifty thousand only) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Agreement dated 25.04.2024 has been placed on record as Annexure P-3. 4.
Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Monika, from PS Mandawli, Fazalpur. 5.
Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 0051/2021 is quashed against the Petitioners.
CRL.M.C. 4981/2025 Page 2 of 4
6.
In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0051/2021 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. 0051/2021, dated 27.01.2021, registered at P.S Mandawli, Fazalpur under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom. 9.
In the interest of justice, the petition is allowed, and the FIR No. 0051/2021, dated 27.01.2021, registered at P.S Mandawli, Fazalpur under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed. CRL.M.C. 4981/2025 Page 3 of 4
10.
Petition is allowed and disposed of accordingly. 11.
Pending application(s), if any, also stand disposed of. RAVINDER DUDEJA, J JULY 28, 2025 SK CRL.M.C. 4981/2025 Page 4 of 4