Sanjeev Kumar and Ors. v. State of NCT Delhi and Anr.

Delhi HC14 May 2025W.P.(CRL)/1479/2025

Case brief

AI extract

What is this about?

Delhi HC, 14.05.2025, W.P.(CRL) 1479/2025 (Justice Ravinder Dudeja): quashing of FIR No. 0661/2022, PS Palam Village, sections 498A/406/34 IPC, following mediation settlement of 26.02.2022; Article 226 + Section 528 BNSS 2023 route; complainant's voluntary consent and State concurrence; Joint Registrar verification of settlement genuineness; Gian Singh (2012) 10 SCC 303 relied on; DV Act section 12 complaint backdrop.

What did the court decide?

Quashing of FIR No. 0661/2022, dated 27.09.2022, registered at P.S Palam Village under sections 498A/406/34 IPC, and all consequential proceedings emanating therefrom; pending applications disposed of. ¶¶31

Sanjeev Kumar and Ors. Vs State of NCT Delhi and Anr. — Domestic Violence | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶¶31

Issue for consideration

Whether FIR No. 0661/2022, dated 27.09.2022, registered at P.S Palam Village under sections 498A/406/34 IPC, and all proceedings emanating therefrom, should be quashed on the basis of the settlement reached between the parties. +1 more

¶¶10

Court's answer

Since the parties have settled their disputes and put a quietus to the matter, no useful purpose would be served in continuing with FIR No. 0661/2022; accordingly, the FIR and all consequential proceedings emanating therefrom are quashed.

¶¶30

Ratio / Principle

Accepting the genuineness of the settlement ascertained through the Joint Registrar-recorded statements, the Court noted Respondent No.2's confirmation that the matter was settled without any force, fear or coercion and that she raised no objection to quashing of the FIR.

¶¶23

Detailed headnote1 paragraphs

Criminal writ petition under Article 226 of the Constitution read with Section 528 BNSS, 2023, filed by Sanjeev Kumar & Ors. seeking quashing of FIR No. 0661/2022 dated 27.09.2022 registered at P.S Palam Village under sections 498A/406/34 IPC on the basis of a settlement. Parties married 27.11.2015; separated since 24.12.2020; Respondent No.2 had filed a section 12 DV Act complaint and the FIR. Mediation produced a Settlement dated 26.02.2022; parties agreed to resume cohabitation and withdrew prior litigation. On 05.05.2025 the Joint Registrar recorded both parties' statements to verify the settlement's genuineness; Respondent No.2 confirmed settlement without force, fear or coercion and consented to quashing, and the Additional PP for the State raised no objection. Invoking the principle recognized in Gian Singh v. State of Punjab (2012) 10 SCC 303, the Court held no useful purpose would be served in continuing the FIR and quashed it with all consequential proceedings. Petition allowed and disposed of; pending applications disposed. Coram: Justice Ravinder Dudeja; decision date 14.05.2025.

¶1

$~91

¶2

*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

¶3

% Date of decision: 14.05.2025

¶4

W.P.(CRL) 1479/2025 & CRL. M.A. 13720/2025 SANJEEV KUMAR & ORS. .....Petitioners Through: Mr. Arun Sheoran, Adv. along with petitioners through VC.

¶5

versus

¶6

STATE OF NCT DELHI & ANR. … Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State and Mr. Abhinav Kr. Arya, Mr. Aryan Sachdeva, Advs. with SI Rajesh Kumar, PS Palam Village. Mr. Vivek Raghuvanshi and Mr. Vaibhav Chaudhary Advs. for R-2 with R-2 through VC.

¶7

CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

¶8

JUDGMENT (ORAL)

¶9

RAVINDER DUDEJA, J.

¶10

This is a petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0661/2022, dated 27.09.2022, registered at P.S Palam Village under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

¶11

W.P.(CRL) 1479/2025 & CRL. M.A. 13720/2025 Page 1 of 4

¶12

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 4.05.2025 20:05:47

¶13

The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 27.11.2015 as per Hindu rites and ceremonies at Delhi. One daughter namely Anshika was born on 19.11.2016 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 24.12.2020. Thereafter, Respondent No.2 filed a complaint under section 12 of the DV Act and also lodged the aforesaid FIR against Petitioner No. 1 and his family members.

¶14

During the proceedings, the parties were referred to mediation where they amicably resolved their disputes and executed a Settlement dated 26.02.2022. In pursuance of the Settlement, the parties have mutually agreed to live together in the matrimonial home. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement have been fulfilled. The copy of Settlement dated 26.02.2022 has been placed on record as Annexure B.

¶15

The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:-

¶16

“05.05.2025

¶17

Today, statement of respondent no.2 and the petitioner no.l has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement.

¶18

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 4.05.2025 20:05:47

¶19

W.P.(CRL) 1479/2025 & CRL. M.A. 13720/2025 Page 2 of 4

¶20

Respondent no.2 and the petitioner have been identified by his counsel & IO.

¶21

Let the pre-verified statement along with this order be placed before the Hon'ble Court on 14^th May, 2025 .

¶22

Parties have entered their appearance through VC with counsel for petitioners and respondents physically present in Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Rajesh Kumar, PS Palam Village.

¶23

Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and she no objection if the FIR No. 0661/2022 is quashed against the petitioners.

¶24

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0661/2022 is quashed.

¶25

In Gian Singh vs State of Punjab (2012) 10 SCC 303 , Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

¶26

"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."

¶27

W.P.(CRL) 1479/2025 & CRL. M.A. 13720/2025 Page 3 of 4

¶28

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 4.05.2025 20:05:47

¶29

In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0661/2022, dated 27.09.2022, registered at P.S Palam Village under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

¶30

In the interest of justice, the petition is allowed, and FIR No. 0661/2022, dated 27.09.2022, registered at P.S Palam Village under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

¶31

Petition is allowed and disposed of accordingly.

¶32

Pending application(s), if any, also stand disposed of.

¶33

RAVINDER DUDEJA, J MAY 14, 2025/AK

¶34

W.P.(CRL) 1479/2025 & CRL. M.A. 13720/2025 Page 4 of 4

¶35

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 4.05.2025 20:05:47

Sanjeev Kumar and Ors. v. State of NCT Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar and Ors. v. State of NCT Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ahmed Adeil & Ors. Vs the State of NCT of Delhi & Anr.

Abhishek Kaushik Vs State N. C. T. of Delhi and Anr.

Rahul & Ors. Vs the State of NCT of Delhi & Anr.

Vikram Pal Vs State Gnct of Delhi & Anr.

Tasleem Ahmad Vs Lieutenant Governor & Anr.

Kanta Prasad Vs State(Govt of NCT of Delhi)

Sumit @ Pawan Vs State (Nct of Delhi)

Rashid & Anr. Vs State (Govt. of NCT of Delhi)

Prabhat Kumar Singh Vs the State of NCT of Delhi

Shubham Kapoor and Others Vs the State Govt. of NCT of Delhi and Anr.

Jaya Agarwal Vs the State Govt. of NCT of Delhi and Anr.

Jagadish Das through Its Parokar Vs State of NCT of Delhi

Rajat Pillai & Anr. Vs Govt. of NCT of Delhi & Anr.

Rajeev Kumar & Ors. Vs State of NCT Delhi through P.S. SHO Crime(Women) Cell Nanakpura, Delhi & Anr.