Delhi High Court
Amit Verma vs State Govt. Of Nct Of Delhi And Anr. on 15 April, 2025
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 15.04.2025
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+ CRL.M.C. 2039/2025
AMIT VERMA & ORS. .....Petitioner
Through: Mr. Waseem Ansari, Adv.
Mr. Amit Verma, Mr. Sumit
Verma, Ms. Anita Verma and
Ms. Ambika Verma, petitioners
in person.
versus
STATE (GOVT. OF NCT OF DELHI) & ANR.
... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Satish
Kumar Gautam, PS-Karawal
Nagar.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking quashing of FIR No. 432/2016, dated
20.12.2016, P.S Karawal Nagar under sections 498A/406/34 IPC and
all proceedings emanating therefrom on the basis of settlement
between the parties.
CRL.M.C. 2039/2025 Page 1 of 5
Signature Not Verified
Digitally Signed
By:SUNITA KUMARI
Signing Date:17.04.2025
14:48:11
2. The marriage between Petitioner No.1 and Respondent No.2
was solemnized on 16.01.2012 as per Hindu rites and ceremonies at
Delhi. Due to temperamental differences, the couple started living
separately from 03.03.2013. Thereafter, Respondent No. 2 lodged the
aforesaid FIR against Petitioner No. 1 and his family members.
3. Subsequently, Petitioner No. 1 and the Respondent No.2 filed a
petition for divorce by mutual consent under Section 13B(1) of the
Hindu Marriage Act, 1955. During the proceedings, the parties were
referred to mediation by the Family Court, Karkardooma Courts where
they amicably resolved their disputes and executed a Settlement
Agreement dated 24.08.2024. In pursuance of the Settlement, the
parties jointly filed a fresh petition under Section 13B(1) of the Hindu
Marriage Act, 1955. The learned Family Court allowed the mutual
divorce petition on 03.02.2025, thereby dissolving the marriage. It is
submitted that all the previous complaints and litigations initiated by
the parties has been withdrawn and all conditions of settlement have
been fulfilled including the payment of entire settlement amount i.e.,
Rs. 4,11,500/- as per the schedule mentioned in the Settlement
Agreement. The copy of Settlement Agreement dated 24.08.2024 has
been placed on record as Annexure P-4.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
CRL.M.C. 2039/2025 Page 2 of 5
Signature Not Verified
Digitally Signed
By:SUNITA KUMARI
Signing Date:17.04.2025
14:48:11
“26.03.2025
1. 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. 787/2018 Under
Sections 498A/406/34 of the Indian Penal Code registered at P.S.
Karawal Nagar on the basis of settlement arrived at between the
parties.
2. As per the submissions, the matter between the petitioners and
R-2 has been amicably settled.
3. Vide separate statement recorded in this behalf, petitioners
stated that dispute between them and R-2 has been amicably
settled as per the settlement deed dated 24.08.2024. The
settlement has been arrived at between the parties herein without
any force, coercion, undue influence and pressure. They have
signed the settlement deed with their wish and will. Vide separate
statement recorded in this behalf, R-2 stated that dispute between
her and petitioners has been amicably settled as per the settlement
deed dated 24.08.2024. The settlement has been arrived at
between the parties herein without any force, coercion, undue
influence and pressure. She has signed the settlement deed with
her wish and will.
4. Investigating Officer is present in Court and has duly verified
the identity of both the parties. Vide separate statement recorded
in this behalf. Investigating Officer stated that the charge sheet
has been filed in the present matter. He identified the
prosecturix/victim/R-2. He has also identified the petitioners who
are accused in the present matter. He has also verified the
settlement deed executed between the parties.
5. The parties along with their counsels have confirmed that the
settlement deed has been duly entered into between them.
6. Learned counsel for State/APP enters appearance and accepts
notice. He submits that in view of the statement recorded, let the
matter be placed before the Hon’ble Court.
7. The compromise/settlement deed is in writing and has been
duly signed by both the parties. I have heard both the parties andCRL.M.C. 2039/2025 Page 3 of 5
Signature Not Verified
Digitally Signed
By:SUNITA KUMARI
Signing Date:17.04.2025
14:48:11
from the direct dialogue with both the parties, it is observed that
the consent of both the parties is found to be genuine and has not
been obtained under undue influence or pressure.
8. In view of the above, matter be placed before the Hon’ble Court
on 15.04.2025.
5. Petitioner nos. 1 & 4 are physically present before the Court.
The respondent no. 2 is present in person along with her father Sh.
Ram Avtar. The counsel for respondent no.2 is not present. The parties
have been identified by the counsel for the petitioner as well as by the
Investigating Officer SI Satish Kumar Gautam from PS Karawal
Nagar.
6. Respondent no. 2 submits that the matter has been settled with
the petitioners without any force, fear, coercion and she has received
the entire settlement amount i.e., Rs. 4,11,500/- as per the schedule
mentioned in the Settlement Agreement dated 24.08.2024. She further
submits that she has no objection if the FIR No. 432/2016 is quashed
against the petitioners.
7. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 432/2016 is quashed.
8. 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 theCRL.M.C. 2039/2025 Page 4 of 5
Signature Not Verified
Digitally Signed
By:SUNITA KUMARI
Signing Date:17.04.2025
14:48:11
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.”
9. 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. 432/2016, dated 20.12.2016, P.S
Karawal Nagar under sections 498A/406/34 IPC and all the other
consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and the FIR No.
432/2016, dated 20.12.2016, P.S Karawal Nagar under sections
498A/406/34 IPC along with the charge sheet and all the other
consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
APRIL 15, 2025/ak/sky
CRL.M.C. 2039/2025 Page 5 of 5
Signature Not Verified
Digitally Signed
By:SUNITA KUMARI
Signing Date:17.04.2025
14:48:11