Delhi High Court
Harpreet Singh & Ors vs State Of Nct Delhi & Anr on 21 August, 2025
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.08.2025
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+ CRL.M.C. 5782/2025, CRL.M.A. 24745-46/2025
HARPREET SINGH & ORS. .....Petitioners
Through: Mr. Rahul Kulhare, Adv.
Petitioners in person.
versus
STATE OF NCT DELHI & ANR. .....Respondents
Through: Mr. Hitesh Vali, APP with SI
Gajender Mathur, P.S.Tilak
Nagar.
Mr. Divya Prakash Arya, Mr.
Krishan Mourya, Ms. Kamini
Srivastava, Adv. for R-2 with
R-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. 529/2023, dated
13.08.2023, registered at P.S Tilak Nagar, 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 28.04.2019 as per Hindu/Sikh Rites and
ceremonies at Delhi. No child was born out of the said wedlock.
However, on account of temperamental differences Petitioner No. 1
and Respondent No. 2 are living separately since 04.03.2023.
3. As per averments made in the FIR, Respondent No. 2 was
subjected to threats, physical and mental harassment on account of
dowry demands by the petitioners. She further submits that petitioner
no. 2 on various occasions tried to rape her. Chargesheet has since
been filed under sections 498A/406/354/34 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 Memorandum of Understanding dated
25.01.2025. Pursuant to the aforesaid settlement, Petitioner no. 1 and
Respondent no. 2 have obtained divorce by mutual consent on
09.05.2025. It is submitted that Petitioner No. 1 has paid the total
settlement amount of Rs. 10,00,000/- (Rupees Ten lacs only) as per
the schedule in settlement. Copy of the Memorandum of
Understanding dated 25.01.2025 has been annexed as Annexure P-3.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Gajender Mathur from PS Tilak Nagar.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
confirms receiving the entire settlement amount and has no objection
if the FIR No. 529/2023 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. 529/2023 is quashed.
8. 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 that 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
above mentioned FIR and the proceedings pursuant thereto.
11. The petition is allowed, and the FIR No. 529/2023, dated
13.08.2023, registered at P.S Tilak Nagar, Delhi under section
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 21, 2025
SK
