Delhi High Court
Vikas Bali And Ors vs State Of Nct Of Delhi on 20 August, 2025
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 20.08.2025
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+ CRL.M.C. 1600/2025 & CRL.M.A. 7285/2025 EXEMPTION
VIKAS BALI AND ORS. .....Petitioners
Through: Mr. Vivek Bhati, Advocate with
petitioners through VC.
versus
STATE OF NCT OF DELHI ... Respondents
Through: Mr. Aman Usman, APP for the
State with SI Satender Kumar
Arya, PS-Geeta Colony.
Ms. Aditi Pancharia, Ms. Anjali
Tiwari, Advocate for R-2 with
Respondent No. 2 in person.
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, seeking quashing of FIR No. 329/2019, dated
15.10.2019, registered at P.S Geeta Colony, Delhi under Sections
498A/406/34 IPC and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. The factual matrix giving rise to the instant case is that the
marriage between Petitioner No. 1 and Respondent no. 2/complainant
was solemnized on 30.11.2017 as per Hindu Rites and ceremonies at
Delhi. However, on account of temperamental differences, Petitioner
No. 1 and Respondent No. 2 are living separately since 10.06.2018.
3. As per averments made in the FIR, Respondent No. 2 was
subjected to physical and mental harassment on account of dowry
demands by the petitioners. Chargesheet has since been filed under
sections 498A/406/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes and the terms of the compromise were reduced into
writing in the form of a Family Settlement Deed dated 18.05.2024
(attested on 23.10.2024). Pursuant to the aforesaid settlement,
marriage between Petitioner No. 1 and Respondent No. 2 was
dissolved by a decree of divorce by mutual consent on 07.10.2024. It
is submitted that Petitioner No. 1 has paid the total settlement amount
of Rs. 9,00,000/- (Rupees Nine lacs only) as per the schedule in
settlement. Copy of the Family Settlement Deed dated 18.05.2024 has
been annexed as Annexure P-3.
5. Respondent No. 2 is physically present before the Court while
petitioner nos. 1 to 3 have entered their appearance through VC. They
have been identified by their respective counsels as well as by the
Investigating Officer SI Satender Kumar Arya, from PS Geeta Colony.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has obtained divorce from petitioner no. 1 and has no objection if the
FIR No. 329/2019 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. 329/2019 is quashed.
8. The Hon'ble Supreme Court has recognized the need of
amicable settlement of disputes in Rangappa Javoor vs The State Of
Karnataka And Another, Diary No. 33313/2019, 2023 LiveLaw (SC)
74, Jitendra Raghuvanshi & Ors. vs Babita Raghuvanshi & Anr.,
(2013) 4 SCC 58 & in Gian Singh vs State of Punjab (2012) 10 SCC
9. Further, it is settled that the inherent powers under section 482
of the Code are required to be exercised to secure the ends of justice or
to prevent abuse of the process of any court. Further, the High Court
can quash non-compoundable offences after considering the nature of
the offence and the amicable settlement between the concerned
parties. Supreme Court and this Court have repeatedly held that the
cases arising out of matrimonial differences should be put to a quietus
if the parties have reached an amicable settlement. Reliance may be
placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675.
10. In view of the above facts, the parties have amicably resolved
their differences out of their own free will and without any coercion.
Hence, it would be in the interest of justice, to quash the
abovementioned FIR and the proceedings pursuant thereto.
11. In the interest of justice, the petition is allowed, and the FIR No.
329/2019, dated 15.10.2019, registered at P.S Geeta Colony, Delhi
under sections 498A/406/34 IPC and all the other consequential
proceeding emanating therefrom is hereby quashed.
12. Petition is allowed and disposed of accordingly.
13. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
August 20, 2025
SK
