Mr. Arun Sheoran and Mr. Sushil Kr. Advocates along with v. STATE OF DELHI AND ANR

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2025 at 11:48:05 $~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1362/2025 PRADEEP AND ORS. .....Petitioners Through: Mr. Arun Sheoran and Mr. Sushil Kr. Advocates along with petitioners in person. versus STATE OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Satish Kumar, P.S. Karawal Nagar. Mr. Arvind Kumar, Advocate for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 06.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 5981/2025 (exemption) 2. Allowed, subject to all just exceptions. The application is disposed of accordingly. CRL.M.C. 1362/2025 3. The present petition filed under Section 528 of the BNSS seeks quashing of the FIR No. 668/2021 under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at P.S. Karawal Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Neha Barupal, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2025 at 11:48:05 learned Judicial Magistrate First Class, Mahila Court-01, North East District, Karkardooma Courts, Delhi. 4. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 21.06.2018 as per Hindu rites and ceremonies. 5. No child was born out of the said wedlock. 6. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately. Subsequently, respondent no.2/complainant lodged an FIR against the petitioners. 7. On 31.07.2024, the parties arrived at a settlement before the Counselling Cell, Family Court, North-East District, Karkardooma Courts, Delhi and as per the said settlement, petitioner no.1 has agreed to pay an amount of Rs. 3,70,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. 8. In terms of the said settlement, the marriage between petitioner no. 1 and respondent no. 2 stood dissolved by a decree of divorce dated 05.10.2024, passed by Sh. Ankur Jain-I, learned Judge, Family Court-01, North-East District, Karkardooma Courts, Delhi. 9. The petitioners and the complainant/respondent no. 2 are present before the Court today and have been duly identified by their respective counsels as well as the Investigating Officer, SI Satish Kumar, P.S. Karawal Nagar. 10. The matter was also placed before the worthy Joint Registrar (Judicial), who has recorded the statements of both the parties and passed the following order dated 16.04.2025: “Mr. Arvind Kumar, Ld. Counsel for Respondent no. 2 appeared in person and Respondent no. 2 appeared (through This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2025 at 11:48:05 VC) and submits that the demand draft for a sum of Rs. 1,00,000/- bearing no. 053453 drawn on HDFC Bank, dated 21.02.2025 handed over to Respondent no. 2 on the last date of hearing stands duly honoured and nothing else remains due in this case and Respondent no. 2 has no objection if FIR No. 668/2021, Under Section 498-A/406/34 IPC registered at PS Karawal Nagar, Delhi and all proceeding emanating there from is quashed qua the petitioners. The statement of Respondent no. 2 to ascertain the veracity and the genuineness of the parties entering into settlement was recorded on 28.03.2025. The counselling settlement entered into between the parties is on record as Annexure - C at page 52 to 57. As per the settlement, the respondent no. 2 has now received the total settlement amount towards her article, stridhan as well as towards alimony and maintenance past, present and future whatsoever and Respondent no. 2 shall not claim anything in this regards in future by way of any litigation. Respondent no. 2 states that she has no objection whatsoever if FIR no. 668/2021, Under Section 498-A/406/34 IPC was registered at PS Karawal Nagar, Delhi against the petitioners is quashed. Respondent no. 2 has also been granted divorce by Mutual consent in HMA No. 1116/2024 vide decree dated 05.10.2024 which is on record as Annexure D at page 58. There is no child born out the wedlock. Respondent no. 2 shall abide by all the terms of the settlement and fully cooperate in quashing of the present FIR and withdrawal of any other case, if any as per the settlement. Respondent no. 2 undertakes to fully cooperate in quashing of the present FIR and withdrawal of all/any other connected case, if any. Respondent no. 2 has also given her affidavit in support of the present petition which is at page no. 59-60 of the petition bearing her signatures. This pre verified report along with the petition may be placed before the Hon’ble Court on 06thMay, 2025.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2025 at 11:48:05

11. The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the present FIR and the consequential proceedings emanating therefrom including the chargesheet are quashed. She further states that all the terms of the agreement have been complied with. 12. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR and the consequential proceedings emanating therefrom including the chargesheet are quashed. 13. In Gian Singh vs. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognised 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 proceeding.” 14. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 668/2021 under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at P.S. Karawal Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Neha Barupal, learned Judicial Magistrate First Class, Mahila Court-01, North East District, Karkardooma Courts, Delhi. 15. In the interest of justice, the petition is allowed, and the present FIR This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2025 at 11:48:05 No. 668/2021 under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at P.S. Karawal Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Neha Barupal, learned Judicial Magistrate First Class, Mahila Court-01, North East District, Karkardooma Courts, Delhi are hereby quashed. 16. Petition is allowed and disposed of accordingly. 17. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 6, 2025/bsr/Pc Click here to check corrigendum, if any