Delhi High Court
Inderjeet & Ors vs State (Nct) Of Delhi & Anr on 22 August, 2025
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.08.2025
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+ CRL.M.C.5832/2025
INDERJEET& ORS. .....Petitioners
Through: Mr. Parveen Dabas and Mr.
Jwala Singh, Advs.
Petitioners in person.
versus
STATE(NCT) OF DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP with SI
Mohit, P.S.Bawana.
Mr. S.K.Mittal, Mr. Rahul Kr.
Pandit, Ms. Mansi Kumari and
Mr. Vijay Joshi, Advs. 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. 852/2021, dated
15.10.2021, registered at P.S Bawana, 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 10.12.2010 as per Hindu Rites and ceremonies.
Two children were born out of the said wedlock. However, on account
of temperamental differences Petitioner No. 1 and Respondent No. 2
are living separately since October 2016.
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. She further submits that Petitioner no. 5
tried to outrage her modesty by groping her by the waist. Chargesheet
has since been filed under section 498A/406/506/34 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 23.01.2024 at Counselling
Cell, Family Court, Rohini, Delhi. Pursuant to the aforesaid
settlement, Petitioner No. 1 and Respondent No. 2 haveobtained
divorce on 29.01.2025. It is submitted that Petitioner No. 1 has paid
the total settlement amount of Rs. 14,00,000/- (Rupees Fourteen lacs
only) as per the schedule in settlement. It is further submitted that the
custody of the children would be with respondent no. 2 and petitioner
no. 1 would have visitation rights as per mutual consent. Copy of the
Settlement dated 23.01.2024 has been annexed as Annexure A-3.
5. Parties are physically present before the They have been
identified by their respective counsels as well as by the Investigating
Officer SI Mohit from PS Bawana.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has received complete settlement amount and has no objection if the
FIR No. 852/2021 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. 852/2021 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.
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
abovementioned FIR and the proceedings pursuant thereto.
11. In the interest of justice, the petition is allowed, and the FIR No.
852/2021, dated 15.10.2021, registered at P.S Bawana, 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 22, 2025
SK
