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Judgment
Ravinder Dudeja, J
Crl. M.A.20221/2025
For the reasons explained in the application, early hearing application is allowed, and the matter is taken up today for hearing. The application stands disposed of.
CRL.M.C. 4410/2025
The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR No. 461/2024 dated 31.08.2024 under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Malviya Nagar on the basis of settlement arrived at between the parties.
The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 29.05.2021 as per Muslim rites and ceremonies at Delhi. A female child namely Alaya was born on 11.02.2022 out of the said wedlock. It is submitted that Respondent No. 2 was subjected to mental and physical harassments, abuse and demands for dowry by Petitioner No. 1 (Husband), Petitioner No. 2 (Mother in Law) and Petitioner No. 3 (Sister in Law). It is further submitted that Respondent No. 2 also faced demands of dowry which included cash of ₹10,00,000 and a car, and her stridhan which is withheld by the Petitioners. Thereafter, Respondent No. 2 filed FIR No. 461/2024 on 31.08.2024, under Sections 498A/406/34 IPC against the Petitioners at P.S. Malviya Nagar, Delhi.
During the pendency of the proceedings, both parties entered into a Memorandum of Understanding (MoU) dated 15.04.2025 and amicably settled their disputes. In pursuance of the settlement it is agreed between the parties that Petitioner No. 1 will pay Rs. 5,000/-(Rupees Five Thousand) per month for maintenance of Respondent No.2 and Rs. 5,000/- (Rupees Five Thousand) per month for maintenance of minor daughter. A copy of the Memorandum of Understanding (MoU) dated 15.04.2025 has been placed on record which is annexed as Annexure P2.
Petitioners 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 Parveen Kumar from PS Malviya Nagar.
Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and has no objection if FIR NO. 461/2024 under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Malviya Nagar is quashed against the Petitioners.
In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR NO. 461/2024 under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Malviya Nagar is quashed.
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:-
"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."
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. 461/2024 under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Malviya Nagar and all the other consequential proceeding emanating therefrom.
In the interest of justice, the petition is allowed, and the FIR NO. 461/2024 Under Sections 498A/406/34 of the Indian Penal Code registered at P.S. Malviya Nagar and all the other consequential proceeding emanating therefrom is hereby quashed.
Petition is allowed and disposed of accordingly.
Pending application(s), if any, also stand disposed of.
The next date fixed stands cancelled.