Delhi High Court · 2025
Case Details
Acts & Sections
Cited in this judgment
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3207/2025& CRL.M.A. 14164/2025 ANKIT CHAUHAN AND ORS .....Petitioners Through: Ms. Swati Arora and Mr. Prashant Kumar, Advocates alongwith petitioners in person. versus STATE (GOVT. OF NCT OF DELHI) AND ANR......Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Gayatri. R-2 through VC. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Section 528 of the BNSS (Section 482 of the CrPC) seeks quashing of FIR No. 11/2023, under Section 498A/406/34 of the IPC, registered at PS Baba Haridas Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kirandeep Kaur, learned JMFC, Dwarka Courts, New Delhi. 3. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 06.12.2020 as per Hindu rites and customs and no child was born out of the said wedlock. 4. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties resided separately from 06.10.2021. Subsequently, respondent no.2/complainant registered an FIR against the petitioners. 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 31/05/2025 at 14:59:27
5. Learned counsel for the petitioner submits that in pursuance of the Settlement Agreement dated 31.05.2024, parties arrived at settlement before the Delhi Mediation Centre, Dwarka Courts, Delhi. It is further stated that the parties have been living together, at their matrimonial home, since August 2023. 6. The matter was listed before the learned Joint Registrar (Judicial) on 07.05.2025, wherein it has been recorded as under:- “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. 11/2023 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. BABA HARIDAS NAGAR 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. P-2 to 5 are appearing through Virtual mode and stated that matter has been amicably settled. 3. Vide separate statement recorded in this behalf, P-1 stated that dispute between petitioners and R-2 has been amicably settled as per the settlement deed dated 31.05.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. They have signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R2 stated that dispute between R-2 and petitioners has been amicably settled as per the settlement deed dated 31.05.2024. 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 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 31/05/2025 at 14:59:27 influence or pressure. 8. , In view of the above, matter be placed before the Hon'ble Court on 28.05.2025.” 7. Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI Gayatri. 8. The Complainant/respondent No.2 states that the matter has been settled and she is living with petitioner no. 1 at their matrimonial home 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 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. 11/2023, under Section 498A/406/34 of the IPC, registered at PS Baba Haridas Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kirandeep Kaur, learned JMFC, Dwarka Courts, New 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 31/05/2025 at 14:59:27
12. In the interest of justice, the petition is allowed, and the FIR No. 11/2023, under Section 498A/406/34 of the IPC, registered at PS Baba Haridas Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kirandeep Kaur, learned JMFC, Dwarka Courts, New 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 28, 2025/sn/pr Click here to check corrigendum, if any
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3207/2025& CRL.M.A. 14164/2025 ANKIT CHAUHAN AND ORS .....Petitioners Through: Ms. Swati Arora and Mr. Prashant Kumar, Advocates alongwith petitioners in person. versus STATE (GOVT. OF NCT OF DELHI) AND ANR......Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Gayatri. R-2 through VC. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Section 528 of the BNSS (Section 482 of the CrPC) seeks quashing of FIR No. 11/2023, under Section 498A/406/34 of the IPC, registered at PS Baba Haridas Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kirandeep Kaur, learned JMFC, Dwarka Courts, New Delhi. 3. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 06.12.2020 as per Hindu rites and customs and no child was born out of the said wedlock. 4. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties resided separately from 06.10.2021. Subsequently, respondent no.2/complainant registered an FIR against the petitioners. 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 31/05/2025 at 14:59:27
5. Learned counsel for the petitioner submits that in pursuance of the Settlement Agreement dated 31.05.2024, parties arrived at settlement before the Delhi Mediation Centre, Dwarka Courts, Delhi. It is further stated that the parties have been living together, at their matrimonial home, since August 2023. 6. The matter was listed before the learned Joint Registrar (Judicial) on 07.05.2025, wherein it has been recorded as under:- “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. 11/2023 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. BABA HARIDAS NAGAR 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. P-2 to 5 are appearing through Virtual mode and stated that matter has been amicably settled. 3. Vide separate statement recorded in this behalf, P-1 stated that dispute between petitioners and R-2 has been amicably settled as per the settlement deed dated 31.05.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. They have signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R2 stated that dispute between R-2 and petitioners has been amicably settled as per the settlement deed dated 31.05.2024. 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 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 31/05/2025 at 14:59:27 influence or pressure. 8. , In view of the above, matter be placed before the Hon'ble Court on 28.05.2025.” 7. Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI Gayatri. 8. The Complainant/respondent No.2 states that the matter has been settled and she is living with petitioner no. 1 at their matrimonial home 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 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. 11/2023, under Section 498A/406/34 of the IPC, registered at PS Baba Haridas Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kirandeep Kaur, learned JMFC, Dwarka Courts, New 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 31/05/2025 at 14:59:27
12. In the interest of justice, the petition is allowed, and the FIR No. 11/2023, under Section 498A/406/34 of the IPC, registered at PS Baba Haridas Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Kirandeep Kaur, learned JMFC, Dwarka Courts, New 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 28, 2025/sn/pr Click here to check corrigendum, if any