Allowed

Anuj Singhal & Ors. v. Govt. of NCT of Delhi & Anr.

Delhi HC16 Apr 2025CRL.M.C./8468/2024

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS sought quashing of an FIR under sections 498A/406/34 IPC registered at PS Shahbad Dairy after the parties settled their matrimonial disputes, obtained mutual divorce, and the settlement amount was fully paid. Relying on Gian Singh, the court quashed the FIR and consequential proceedings.

What did the court decide?

FIR No. 0532/2021 dated 15.09.2021, PS Shahbad Dairy, under sections 498A/406/34 IPC and all consequential proceedings quashed.

Anuj Singhal & Ors. Vs Govt. of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

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$~64

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

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% Date of decision: 16.04.2025

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CRL.M.C. 8468/2024 ANUJ SINGHAL & ORS. .....Petitioners Through: Mr. Pramod Kumar Singhal and Mr. Rahul Singhal, Advs.

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Petitioner no.1 in person

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Petitioner nos. 2-5 through VC.

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versus

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GOVT. OF NCT OF DELHI & ANR. … Respondents Through: SI Vikram Singh, PS Shahbad Dairy. Ms. Pooja Garg, Complainant in person.

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

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JUDGMENT (ORAL)

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RAVINDER DUDEJA, J.

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This is a petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 0532/2021, dated 15.09.2021, registered at P.S Shahbad Dairy under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 10.07.2019 as per Hindu rites and ceremonies at Delhi. No child was born out of the wedlock. It is submitted that due

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CRL.M.C. 8468/2024 Page 1 of 4

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Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Da te:1 7.04.2025 15:20:12

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to temperamental differences, the couple started living separately from August 2020. Thereafter, the Petitioner No.1 filed petition for divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955 against the Respondent No.2. The Respondent No.2 filed petition under section 12 of the DV Act and also lodged the aforesaid FIR against Petitioner No. 1 and his family members.

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During the pendency of the proceedings, the parties amicably resolved their disputes and executed a Compromise/Settlement Deed/MOU dated 16.03.2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, Saket Courts allowed the mutual divorce petition on 02.06.2023, thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. The final instalment of Rs. 1,50,000/bearing DD No. 158652 drawn on Punjab & Sind Bank, Paschim Vihar, Delhi-110063 is paid by the Petitioner No.1 to the Respondent No.2 in court today. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Deed have been fulfilled including the payment of the total settlement amount of Rs. 5,00,000/- as per the schedule mentioned in the Settlement Deed. The copy of Compromise/Settlement Deed/MOU dated 16.03.2024 has been placed on record as Annexure P-2.

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CRL.M.C. 8468/2024 Page 2 of 4

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Signature Not Verified

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Digitally Signed By:SUNITA KUMARI Signing Da te:1 7.04.2025 15:20:12

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Petitioner no.1 and respondent no.2 are physically present in the court and petitioner nos.2-5 appeared through VC and Respondent no. 2 Ms. Pooja Garg They have been identified by their respective counsels as well as by the Investigating Officer SI Vikram Singh from PS Shahbad Dairy.

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Respondent No.2 submits that the matter has been settled with the petitioners without any force, fear, coercion and she has received the payment of the entire settlement amount of Rs. 5,00,000/- from petitioner No.1 as mentioned in the Settlement Agreement dated 05.10.2024. She also acknowledges the receipt of the final instalment of Rs. 1,50,000/- bearing DD No. 158652 drawn on Punjab & Sind Bank, Paschim Vihar, Delhi-110063 paid to her by the Petitioner No.1 in court today. She further submits that she has no objection if the FIR No. 0076/2020 is quashed against the petitioners.

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In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0532/2021 is quashed.

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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:-

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"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

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CRL.M.C. 8468/2024 Page 3 of 4

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Signature Not Verified

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Digitally Signed By:SUNITA KUMARI Signing Da te:1 7.04.2025 15:20:12

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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."

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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. 0532/2021, dated 15.09.2021, registered at P.S Shahbad Dairy under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

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In the interest of justice, the petition is allowed, and the FIR No. 0532/2021, dated 15.09.2021, registered at P.S Shahbad Dairy under sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

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Petition is allowed and disposed of accordingly.

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

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RAVINDER DUDEJA, J

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APRIL 16, 2025/ak

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CRL.M.C. 8468/2024 Page 4 of 4

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Signature Not Verified

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Digitally Signed By:SUNITA KUMARI Signing Da te:1 7.04.2025 15:20:12

Anuj Singhal & Ors. v. Govt. of NCT of Delhi & Anr.

Case brief

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Anuj Singhal & Ors. v. Govt. of NCT of Delhi & Anr.

Case brief

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