✦ High Court of India · 16 May 2025

High Court · 2025

Case Details High Court of India · 16 May 2025
Court
High Court of India
Decided
16 May 2025
Bench
Not available
Length
1,188 words

Acts & Sections

Cited in this judgment

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 21/05/2025 at 13:40:52 $~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2561/2025 SATVIR SINGH AND ANR. .....Petitioners Through: Mr. Harshit Jain, (DHCLSC) alongwith Mr. Shubham Singh and Mr. Rahul Kumar, Advocates along with petitioners in person. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Braham Parkash, P.S. Sultan Puri. Ms. Smriti Sinha, DHCLSC with Ms. Sara Shrawani, Advocates for R-2. R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 16.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 11468/2025 (exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 2561/2025 3. The present petition under Section 528 of the BNSS seeks quashing of FIR No. 752/2016, under Sections 498A/406/174/34 of the IPC, registered at P.S. Sultan Puri and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Preeti Rajoria, learned Judicial Magistrate First Class, Rohini Courts, Delhi. 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 21/05/2025 at 13:40:52

4. Learned counsel appearing on behalf of the petitioners submits that the present FIR arises out of a matrimonial dispute. It is pointed out that petitioner no. 1 is brother-in -law and petitioner no. 2 is sister-in-law of respondent no. 2. It is further pointed out that the marriage of the brother of petitioner no. 1 (since deceased) was solemnized with respondent no. 2 on 10.05.2001 and out of the wedlock 4 children were born. 5. It is submitted that the brother of petitioner no. 1/husband of respondent no. 2 has since passed away on 23.07.2021 and the proceedings against him stand abated. It is further submitted that thereafter with the intervention of the well-wishers, the parties have settled their dispute vide settlement agreement dated 18.01.2025. In pursuance of the said settlement, respondent no. 2 has no objection, if the present FIR is quashed. 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, with SI Braham Parkash, P.S. Sultan Puri. 7. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order dated 17.04.2025: “1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 752/2016 Under Sections 498A/406/174/34 of the Indian Penal Code registered at P.S. SULTANPURI on the basis of settlement arrived at between the parties. 2. As per the submissions, the matter between the petitioners and R-2 has been amicably settled. 3. Vide separate statement recorded in this behalf, petitioners stated that dispute between them and R-2 has been amicably settled as per the settlement deed dated 18.01.2025. The settlement has been arrived at between the parties herein without any force, coercion, 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 21/05/2025 at 13:40:52 undue influence and pressure. They have signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioners has been amicably settled as per the settlement deed dated 18.01.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. The settlement deed has been signed with wish and will. 4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Separate statement of Investigating Officer has also been recorded. 5. The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them. 6. Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon'ble Court. 7. The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure. 8. In view of the above, matter be placed before the Hon'ble Court on 16.05.2025.” 8. The Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. 9. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 10. 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 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 21/05/2025 at 13:40:52 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.” 11. 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. 752/2016, under Sections 498A/406/174/34 of the IPC, registered at P.S. Sultan Puri and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Preeti Rajoria, learned Judicial Magistrate First Class, Rohini Courts, Delhi. 12. In the interest of justice, the petition is allowed, and the FIR No. 752/2016, under Sections 498A/406/174/34 of the IPC, registered at P.S. Sultan Puri and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Preeti Rajoria, learned Judicial Magistrate First Class, Rohini Courts, Delhi, is hereby quashed. 13. Petition is allowed and disposed of accordingly. 14. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 16, 2025/bsr/pr Click here to check corrigendum, if any

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments