Delhi High Court
Pankaj Bisht And Ors vs State Of Nct Of Delhi And Anr on 21 August, 2025
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.08.2025
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+ CRL.M.C.5773/2025
PANKAJ BISHT AND ORS. .....Petitioners
Through: Mr. Manoj Kumar Singh and
Mr. Prince Chauhan,
Advocates.
Petitioner No. 1 in person.
Petitioner Nos. 2 to 4 through
VC.
versus
STATE OF NCT OF DELHI AND ANR. ... Respondents
Through: Mr. Hitesh Vali, APP with ASI
Sudesh Kumar, PS-Mundka.
Mr. Pritam Singh, Advocate for
R-2.
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. 762/2022, dated
07.12.2022, registered at P.S Mundka, 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 26.11.2011 as per Hindu Rites and ceremonies.
One girl 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 03.10.2021.
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. FIR No. 762/2022 was lodged at instance
of Respondent No. 2 at P.S Mundka, Delhi 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 Settlement dated 22.01.2025 at Delhi
Mediation Centre, Tis Hazari, Delhi. Pursuant to the aforesaid
settlement, petitioner no. 1 and respondent no. 2 have started residing
together w.e.f. 29.01.2025. It is submitted that Petitioner No. 1 has
agreed to bear all the household expenses, pay Rs. 1,50,000/- (Rupees
One lac Fifty Thousand only) as maintenance arrears as per the
schedule mentioned in the settlement. Copy of the Memorandum of
Understanding dated 22.01.2025 has been annexed as Annexure A-2.
5. Petitioner No. 1 and respondent No. 2 are physically present
before the Court while petitioner Nos. 2 to 4 have entered their
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer ASI Sudesh Kumar
from PS Mundka.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has started living together with petitioner no.1 alongwith their child
since 29.01.2025 and has no objection if the FIR No. 762/2022 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. 762/2022 is quashed.
8. Hon'ble Supreme Court has recognized the need of amicable
settlement of disputes in Rangappa Javoor vs The State Of
KarnatakaAnd 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
resolvedtheir 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. The petition is allowed, and the FIR No. 762/2022, dated
07.12.2022, registered at P.S Mundka, 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
