Delhi High Court
Jatin Kapoor And Others vs The State Nct Of Delhi And Anr on 25 August, 2025
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 25.08.2025
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+ W.P(CRL)2659/2025 & CRL.M.A. 25161/2025 EXEMPTION
JATIN KAPOOR & ORS. .....Petitioners
Through: Mr. Saurabh Jhamb, Ms.
Aakriti Sharma & Mr. Tarun
Shastri, Advs. along with
petitioners in person.
versus
STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing
counsel with Ms. Priyam
Aggarwal, Mr. Abhinav Kumar
Arya, Mr. Aryan Sachdeva,
Advs.
SI Sumit, PS Jagat puri, ASI
Shiv Kumar, PS Farsh Bajar.
Mr. Avadhesh Kumar Tripathi,
Advs. for R-2 along with R-2 in
person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 51/2022, dated 08.07.2025, registered at
P.S Jagatpuri, 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 24.06.2011 as per Hindu Rites and ceremonies at
Ghaziabad, Uttar Pradesh. Two children were born out of the said
wedlock. However, on account of temperamental differences
Petitioner No. 1and Respondent No. 2 started living separately.
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 Settlement Agreement dated 04.07.2025
before Delhi Mediation Centre, Karkardooma Centre. Pursuant to the
aforesaid settlement, Petitioner no. 1 and Respondent No. 2 have
resumed cohabitation along their children. It is submitted that
Petitioner no. 2 has transferred property bearing no. 51, Upper Ground
Floor, Gali no. 11, South Anarkali Extension, Jagat Puri, Delhi -
110051 jointly to petitioner no. 1 and respondent no. 2. It is further
submitted that petitioner no. 1 has agreed to pay monthly maintenance
of Rs. 12,000/- to respondent no. 2 and undertakes to bear all expenses
towards maintenance of respondent no. 2 and their children. Copy of
the Agreement dated 04.07.2025 has been annexed as Annexure C.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Sumit, PS Jagat puri & ASI Shiv Kumar, PS Farsh Bajar.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
confirms that she has started residing together with petitioner no. 1
and has no objection if the FIR No. 51/2022 is quashed against the
Petitioners. Petitioner no. 1 undertakes to pay Rs. 12,000/- as monthly
maintenance to respondent no. 2 and agrees to bear all household
exepnses.
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. 51/2022 is quashed.
8. Hon'ble Supreme Court has recognized the need of
amicablesettlement 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.
51/2022, dated 08.07.2025, registered at P.S Jagatpuri, 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 25, 2025
SK
