High Court · 2025

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 13:41:11 $~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2787/2025 SH. NARESH KUMAR DHIMAN & ORS. .....Petitioners Through: Mr. Sanjeev Kumar, Advocate along with petitioner no. 1 in person. versus THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with W/SI Chandrika and SI Bhom Singh, P.S. Tilak Nagar. Mr. Abhishek Mehreen Kanwal, Advocate for R-2 along with 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. 12481/2025 (exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 2787/2025 3. The present petition under Section 528 of the BNSS seeks quashing FIR No. 702/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shruti Sharma-II, West, Tis Hazari Courts, Delhi. 4. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 04.02.2015 as per Hindu/Sikh rites and 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 13:41:11 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 from 12.05.2019. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (mother-in-law) and petitioner no. 3 (sister-in-law). 7. On 25.08.2023, parties arrived at a settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 7,50,000/- 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 the parties stands dissolved by a decree of divorce dated 21.09.2024, passed by learned Judge, Family Court, West, Tis Hazari Courts, Delhi. 9. Petitioner no.1 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, W/SI Chandrika, P.S: Tilak Nagar. 10. Learned counsel for the petitioner submits that the petitioner nos. 2 and 3 could not appear on account of some personal difficulty, therefore, personal appearance of petitioner no. 2 and 3 are exempted. 11. The matter was also placed before the learned Joint Registrar on 25.04.2025 who has recorded the statement of respondent no. 2 which is as under: “Statement of Ms. Sharanjit Kaur D/o Sh. Harjinder Singh, R/o WZ G-49-A, Sant Nagar, Extn. Tilak Nagar, West Delhi, Delhi -110018. ON SA 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 13:41:11 I am the Respondent no. 2 in the present petition. At my instance, FIR No. 702/2020, Under Section 498-A/406/34 IPC, was registered at PS Tilak Nagar, Delhi. The charge sheet has been filed against the petitioner. Now, I have voluntarily and without any pressure or coercion from anyone and after obtaining due legal advice settled all my issues and disputes with the petitioners and out of my free will have entered into Mediation Settlement dated 25.08.2023 with the petitioner before Mediation Centre District Courts, Tis Hazari Courts, in Mt. Case No. 466/2021 & Med. No. 6699/2023 titled as Sharanjit Kaur Vs. Naresh Kumar Dhiman, which is on record as Annexure — P-3 at page 135 bearing my signatures. As per the settlement, 1 have already received a sum of Rs. 5,50,000/- as well as today 1 have received a sum of Rs. 2,00,000/- via online transfer through IMPS vide transfer ID 511515317004. As such, 1 have now received the total settlement amount of Rs. 7,50,000/-, Accordingly, I have no objections, if the FIR No. 702/2020, Under Section 498-A/406/34 IPC, registered at PS Tilak Nagar, Delhi and all proceedings emanating there from are quashed against all the petitioners. This settlement amount is towards settlement of all my articles and Stridhan as well as towards my alimony and maintenance past, present and future whatsoever and I shall not claim anything in this regards in future by way of any litigation. I shall abide by all the terms of the settlement and fully cooperate in quashing of the present FIR. There is no child born out the wedlock. I have already withdrawn all other cases instituted by me against the petitioner. I further undertake to withdraw any other case, if any remaining. I have already obtained divorce by mutual consent from petitioner no. 1 in HMA No. 2185/2024 vide decree dated 21.09.2024 from the Court of Ld. Principal Judge, Family Court, West District, Tis Hazari Courts, Delhi. The decree sheet is on record as Annexure P-4 colly at page 147 onwards. Now, I have no objection whatsoever if the present FIR against the petitioners is quashed and I shall fully cooperate in quashing of the present FIR and raise no claim in future through any civil or criminal litigation with regards to the incident relating to the present FIR. I have also given my affidavit in support of the present petition which is at page no. 27 of the petition bearing my 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 13:41:11 signatures. This is my true statement being made voluntarily in the presence of my counsel & IO. I fully understand the consequences of making this statement. This statement has been signed by me in the presence of my counsel & IO after the same has been read over to me in Hindi.” 12. 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. She further states that all the terms of the agreement have been complied with. 13. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 14. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the 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 proceeding.” 15. 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. 702/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shruti Sharma-II, West, Tis Hazari 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 13:41:11

16. In the interest of justice, the petition is allowed, and the FIR No. 702/2020, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shruti Sharma-II, West, Tis Hazari Courts, Delhi, is hereby quashed. 17. Petition is allowed and disposed of accordingly. 18. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 16, 2025/bsr/pr Click here to check corrigendum, if any