Amit And ORS v. The State Of NCT Of Delhi And ANR

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2575/2025, CRL.M.A. 24349/2025 AMIT AND ORS .....Petitioner Through:

Ms. Shivani Jain, Advocate.

versus THE STATE OF NCT OF DELHI AND ANR .....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for State with Mr. Abhinav Kumar, Mr.

Aryan Sachdeva and Mr. Priyam Agrawal, Advocates and SI Devendra Singh P.S. Nand Nagri.

Mr. Prahlad Singh, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 19.08.2025 1.

A Writ Petition under Article 226 of Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners seeking quashing of FIR No.0048/2019 under Section 498A/406/34 IPC and Section 4 Dowry Prohibition Act registered at Police Station Nand Nagri, Delhi.

2.

Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 04.03.2017 according to Hindu rites and ceremonies. It is stated that no child was born out of the said wedlock. It is stated that due to some temperamental differences, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner No.1 and Respondent No.2 started residing separately from 01.08.2018.

3.

It is further submitted that on 08.02.2019 the Respondent No.2 got an FIR No.48/2019 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 and Section 4 Dowry Prohibition Act, against the Petitioners . 4.

It is stated that during the pendency of trial, the matter was referred to Mediation Centre, Delhi, where both the parties amicably settled all the disputes and differences before Mediation Centre, Delhi vide Compromise Deed dated 09.12.2024, and it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent. It is stated that petitioner No. 1/husband shall pay a sum of Rs. 5,00,000/- to the respondent No. 2/wife towards full and final amount of all the claims of the respondent No. 2/wife. It is also stated that the petitioner No. 1 has already paid Rs. 4,00,000 to respondent No. 2/wife in three installments viz., Rs.1,00,000/- has already been paid to Respondent No.2 from the settled amount; Rs.

2,00,000/- was paid at the time of recording of statements in First Motion Petition under Section 13(b) of the Hindu Marriage Act, 1955 and another Rs.1,00,000/- was paid at the time of recording of statements in Second Motion Petition under Section 13(b)(2) of the Hindu Marriage Act, 1955. 5.

It is further stated that the remaining balance amount of Rs. 1,00,000/- shall be paid by the petitioner No. 1/husband at the time of quashing of FIR No. 0048/2019.

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

6.

It is also stated that on 27.05.2025, the marriage between petitioner No. 1 and respondent No. 2 had been dissolved as per Hindu law. 7.

In view of the Compromise Deed dated 09.12.2024, the present petition has been filed.

8.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

9.

The balance amount Rs.1,00,000/- has also been paid to the respondent No. 2/wife by the petitioner No. 1, and the same has been confirmed by the respondent No. 2/wife.

10.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 09.12.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 11.

The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 09.12.2024 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion. 12.

Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

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

13.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

14.

Moreover, there is no legal impediment in quashing the FIR in question.

15.

Accordingly, FIR bearing No. 0048/2019 registered at Police Station Nand Nagri, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and Section 4 Dowry Prohibition Act and all consequential proceedings emanating therefrom are quashed. 16.

The Petition stands disposed of along with the pending Application(s). NEENA BANSAL KRISHNA, J AUGUST 19, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.