Allowed¶9

Devesh and Anr. v. State NCT of Delhi and Anr.

Quashing of FIR – Petition under Section 528 Bharatiya Nagarik Suraksha Sanhita

Delhi HC5 Aug 2025CRL.M.C./5254/2025

Download

Case brief

AI extract

What is this about?

Delhi High Court (Ravinder Dudeja, J.), CRL.M.C. 5254/2025, decided 05.08.2025: quashing of FIR No. 0323/2021 dated 20.09.2021, P.S Inder Puri, Delhi under Sections 498A/406/34 IPC (dowry demand/matrimonial dispute) on the basis of a Mediation Settlement Deed dated 09.04.2024; petition under Section 528 BNSS; complainant (Respondent No. 2) and the State consented; Gian Singh vs State of Punjab (2012) 10 SCC 303 relied on; FIR and consequential proceedings quashed; chargesheet had been filed.

What did the court decide?

Quashing of FIR No. 0323/2021, dated 20.09.2021, registered at P.S Inder Puri, Delhi under section 498A/406/34 IPC and all other consequential proceedings emanating therefrom; petition allowed and disposed of; pending applications disposed of. ¶9

Devesh and Anr. Vs State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether FIR No. 0323/2021 dated 20.09.2021 registered at P.S Inder Puri, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom ought to be quashed on the basis of the settlement between the parties, in exercise of powers under Section 528 BNSS.

¶1

Court's answer

In view of the settlement between the parties, who have put a quietus to the dispute, no useful purpose will be served in continuing with FIR No. 0323/2021 dated 20.09.2021 registered at P.S Inder Puri, Delhi under section 498A/406/34 IPC and the consequential proceedings emanating therefrom.

¶8

Ratio / Principle

In the interest of justice, the petition is allowed and FIR No. 0323/2021 dated 20.09.2021 registered at P.S Inder Puri, Delhi under section 498A/406/34 IPC, along with all other consequential proceedings emanating therefrom, is quashed; pending applications stand disposed of.

¶9

Detailed headnote1 paragraphs

Quashing of FIR — Petition under Section 528 Bharatiya Nagarik Suraksha Sanhita — FIR No. 0323/2021 dated 20.09.2021, P.S Inder Puri, Delhi, under Sections 498A/406/34 IPC arising out of a matrimonial dispute with allegations of harassment on account of dowry demands; chargesheet filed — Parties amicably settled their disputes vide Mediation Settlement Deed dated 09.04.2024 (Delhi Mediation Centre, PHC Courts, Delhi), giving custody of the child to Petitioner No. 1 and visitation rights to Respondent No. 2 — Respondent No. 2 appeared in person, was identified, confirmed the settlement was voluntary (without force, fear or coercion) and gave her no-objection to quashing — Learned Additional PP for the State also raised no objection — Reliance placed on Gian Singh vs State of Punjab (2012) 10 SCC 303 on amicable resolution of disputes — Held: parties having put a quietus to the dispute, no useful purpose would be served in continuing with the FIR — FIR No. 0323/2021 and all consequential proceedings quashed — Petition allowed and disposed of; pending applications disposed of.

¶1

$~83

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of decision: 05.08.2025

¶4

CRL.M.C. 5254/2025 & CRL.M.A. 22714/2025 EXEMPTION DEVESH & ANR. .....Petitioners Through: Mr. Rajiv Ranjan, Adv. along with petitioners in person.

¶5

versus

¶6

STATE OF NCT OF DELHI & ANR. … Respondents Through: Mr. Hitesh Vali, APP for the State with SI Jarwail Singh, ASI Namo Narayan R-2 in person.

¶7

CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

¶8

JUDGMENT(ORAL)

¶9

RAVINDER DUDEJA, J.

¶10

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0323/2021, dated 20.09.2021, registered at P.S Inder Puri, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

¶11

The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 10.02.2016 as per Hindu rites and customs at Delhi. A girl child was born out of the said wedlock. Due to temperamental differences Petitioner and Respondent No. 2 started living separately since 17.10.2019. As per averments made in the FIR,

¶12

CRL.M.C. 5254/2025 Page 1 of 3

¶13

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 6.08.2025 10:51:30

¶14

Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. Chargesheet has since been filed under section 498A/406/34IPC.

¶15

During the course of proceedings, the parties amicably resolved their disputes and executed a Mediation Settlement Deed dated 09.04.2024 at Delhi Mediation Centre, PHC Courts, Delhi. It is submitted that the custody of the child would be with Petitioner No. 1 and Respondent No. 2 shall have visitation rights as per the schedule mentioned in the settlement. Copy of the Mediation Settlement Deed dated 09.04.2024 has been annexed as Annexure P-4.

¶16

Petitioner No. 1 and Respondent No. 2 are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Jarwail Singh, from PS Inder Puri.

¶17

Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 0323/2021 is quashed against the Petitioners.

¶18

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0323/2021 is quashed.

¶19

CRL.M.C. 5254/2025 Page 2 of 3

¶20

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 6.08.2025 10:51:30

¶21

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:-

¶22

"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."

¶23

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. 0323/2021, dated 20.09.2021, registered at P.S Inder Puri, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

¶24

In the interest of justice, the petition is allowed, and the FIR No. 0323/2021, dated 20.09.2021, registered at P.S Inder Puri, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

¶25

Petition is allowed and disposed of accordingly.

¶26

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

¶27

RAVINDER DUDEJA, J

¶28

August 05, 2025/ SK

¶29

CRL.M.C. 5254/2025 Page 3 of 3

¶30

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 6.08.2025 10:51:30

Devesh and Anr. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Devesh and Anr. v. State NCT of 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

Ajay Enterprises Private Limited & Ors. Vs State of NCT of Delhi & Anr.

CBI Vs Abhisek Boinpally

Nigar Jahan Vs Union of India & Ors.

M/S Golchha Enterprises through Its Proprietor and Anr. Vs the State of Delhi & Anr.

Amritpal Singh Vs National Investigation Agency

Chandan Verma & Ors. Vs Govt. of NCT of Delhi and Anr.