Disposed

Narender Gulia & Ors. v. the State N.C.T of Delhi & Anr.

Delhi HC2 Jul 2025CRL.M.C./307/2025

Case brief

AI extract

What is this about?

Husband and his family sought quashing of a 498A/406 IPC FIR after settling all matrimonial disputes through mediation, paying Rs.21 lakh and obtaining divorce by mutual consent. The wife confirmed voluntary resolution; the State raised no objection. Relying on Supreme Court precedent, the Court quashed the FIR and all proceedings.

What did the court decide?

FIR No. 851/2014 dated 15.08.2014 under Sections 498A/406 IPC, PS Mukherjee Nagar, and all consequential proceedings quashed.

Narender Gulia & Ors. Vs the State N.C.T of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 02.07.2025

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- CRL.M.C. 307/2025

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NARENDER GULIA & ORS. .....Petitioners

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Through: Ms. Natasha Rani, Adv. along with petitioners.

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versus

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THE STATE N.C.T OF DELHI & ANR. .....Respondents

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Through: Mr. Raghuinder Verma, APP for State with SI Nitesh Singh, PS Mukherjee Nagar. Mr. Deepak Chhillar, Adv. for R-2 along with R-2.

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CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR

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SHALINDER KAUR, J (ORAL)

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The present petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 851/2014 dated 15.08.2014 for offences punishable under Sections 498A/406 of the Indian Penal Code, 1860 registered at Police Station Mukherjee Nagar (“subject FIR”) and all consequential proceedings arising therefrom.

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The learned counsel for the petitioners submits that the petitioner no. 1 is the husband of respondent no. 2 and their marriage was solemnized on 07.12.2012, as per the Hindu rites and ceremonies.

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Signature Not Verified

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Page 1 of 5

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Digitally Signed CRL.M.C. 307/2025 By:RASHIM KAPOOR Signing Da te:0 3.07.2025 16:59:55

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The petitioner no. 2, petitioner no.3 and petitioner no. 4 are the fatherin-law, mother-in-law and brother-in-law respectively, of the respondent no.2. A female child, namely, Vanshika was born out of the said wedlock. Subsequent thereto, he submits, the temperamental differences developed between the petitioners and respondent no. 2, coupled with the raising demands for dowry and increasing harassment, led to the registration of the subject FIR and filing of litigations by the respondent no. 2.

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The learned counsel submits that further during the pendency of the litigation between the parties, on request, the parties were referred to the Delhi Mediation Centre, Rohini Courts, wherein, with the intervention of family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them and have stated to be living separately since 30.12.2013.

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The present petition is premised on the assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Mediation Settlement Deed dated 22.07.2024 has been duly executed between the petitioners and the respondent No. 2 before the Delhi Mediation Centre, Rohini Courts, Delhi. It is further submitted that, in terms of the said Settlement Deed, respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora.

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As per the terms of the Settlement, the petitioner no.1 has

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Signature Not Verified

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Page 2 of 5

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Digitally Signed CRL.M.C. 307/2025 By:RASHIM KAPOOR Signing Da te:0 3.07.2025 16:59:55

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agreed to pay a total sum of Rs.21,00,000/- to the respondent no. 2, as a full and final settlement of all her claims including maintenance (past, present and future), stridhan , permanent alimony, in four (04) instalments. It is also agreed that the minor daughter shall remain in care and custody of respondent no.2 and petitioner no.1 will have no visitation rights to meet his daughter. Furthermore, the marriage between the petitioner no. 1 and respondent no. 2 has been dissolved by a decree of divorce by way of mutual consent dated 02.12.2024 passed by the learned Judge Family Courts-2, Rohini Courts, Delhi. The said Mediation Settlement Deed dated 22.07.2024 embodying the terms of settlement has been placed on record.

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Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 02.07.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has received the entire settlement amount and has no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed. 7. Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.

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The respondent no. 2, who is present in Court, upon being queried, submits that she entered into the said Settlement Deed out of her free will, without any coercion, force or undue influence and that she has withdrawn the litigations filed by her before different Judicial

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Signature Not Verified

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Page 3 of 5

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Digitally Signed CRL.M.C. 307/2025 By:RASHIM KAPOOR Signing Da te:0 3.07.2025 16:59:55

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fora and no other litigation remains pending between the parties. She confirms that she has received the entire settlement amount and nothing remains due towards the petitioners. Furthermore, she submits that the marriage has been dissolved vide the decree dated 02.12.2024 and has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

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In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR. 10. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed. 11. In these circumstances, and having regard to the principles laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. : (2014) 6 SCC 466, and in view of the fact that the parties have amicably resolved their disputes voluntarily and without any coercion, this Court is of the considered opinion that no useful purpose would be served by continuing with the criminal proceedings. On the contrary, such continuation is likely to foster further animosity between the parties. Accordingly, in the interest of justice, the subject FIR and all proceedings emanating therefrom deserve to be quashed. 12. In conspectus of the above facts and the Mediation Settlement Deed dated 22.07.2024, the subject FIR bearing No. 851/2014 dated 15.08.2014 for offences punishable under Sections 498A/406 of the Indian Penal Code, 1860 registered at Police Station Mukherjee Nagar (“subject FIR”) and all consequential proceedings arising therefrom,

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Signature Not Verified

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