Bharat Sharma & Ors. Vs the State Govt of NCT of Delhi & Anr.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0986/2022, dated 23.11.2022,registered at P.S New Usmanpur, Delhi under Sections

¶17

CRL.M.C. 3918/2025 Page 1 of 4

¶18

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:2 3.07.2025 10:48:15

¶19

498A/406/34 IPC & Section 4 of DP Act and all proceedings emanating therefrom on the basis of settlement between the parties.

¶20

The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 30.01.2019 as per Hindu rites and ceremonies. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 18.03.2022. As per allegations, respondent no.2 was subjected to both physical and mental harassment on account of dowry demands by the petitioners. FIR No. 0986/2022, dated 23.11.2022 was lodged at P.S New Usmanpur, Delhi under section 498A/406/34 IPC & Section 4 of DP Act. Chargesheet has been filed against the petitioners on 07.02.2025.

¶21

During the pendency of the proceedings, the parties have amicably resolved their disputes and executed a Settlement dated 27.03.2025 at Counselling Cell, Saket (South) Courts, New Delhi. Pursuant to aforesaid settlement, parties have obtained divorce by mutual settlement. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 55,00,000/- (Rupees fifty five lacs only) as per the schedule mentioned in the Settlement Deed. The copy of Settlement dated 27.03.2025 has been placed on record as Annexure B.

¶22

CRL.M.C. 3918/2025 Page 2 of 4

¶23

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:2 3.07.2025 10:48:15

¶24

Petitioner nos. 1, 2 and 6 as well as respondent no.2 are physically present before the Court while respondent nos. 3 to 5 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Suresh Kr. Meena from PS New Usmanpur.

¶25

Respondent No. 2confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 0986/2022is quashed against the petitioners.

¶26

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0986/2022is quashed.

¶27

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:-

¶28

"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."

¶29

CRL.M.C. 3918/2025 Page 3 of 4

¶30

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:2 3.07.2025 10:48:15

¶31

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. 0986/2022, dated 23.11.2022, registered at P.S New Usmanpur, Delhi under section 498A/406/34 IPC& Section 4 of DP Act and all the other consequential proceeding emanating therefrom.

¶32

In the interest of justice, the petition is allowed, and the FIR No. 0986/2022, dated 23.11.2022, registered at P.S New Usmanpur, Delhi under section 498A/406/34 IPC & Section 4 of DP Act and all the other consequential proceeding emanating therefrom is hereby quashed.

¶33