Delhi High Court
Brij Mohan Sharma @ Mohan And Ors vs State (Govt. Of Not Delhi) And Anr on 26 August, 2025
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 26.08.2025
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+ CRL.M.C. 3454/2025 & CRL.M.A. 15217/2025 EXEMPTION
BRIJ MOHAN SHARMA @ MOHAN & ORS......Petitioners
Through: Mr. Y.P.Sharma, Mr. Nikhil
Bharti, Advs. along with
petitioners in person.
versus
STATE GOVT OF NCT OF DELHI & ANR. ...Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Akash Kumar, PS
Bhajanpur
Mr. Sachin Dubey, Adv. 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 Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 682/2022, dated
16.12.2022, registered at P.S Bhajanpura, Delhi under Sections
498A/406/34 IPC & Sections 3/4 of Dowry Prohibition Act 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 30.01.2015 as per Hindu Rites and ceremonies at
Delhi. 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 28.02.22.
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 petitioners
coerced her into abortion. Chargesheet has since been filed under
section 498A/406/34 IPC & Sections 3/4 of Dowry Prohibition Act
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 Deed dated 12.06.2024. Pursuant
to the aforesaid settlement, Petitioner No. 1 and Respondent No. 2
have obtained divorce on 04.02.2025. It is submitted that Petitioner
No. 1 has paid the total settlement amount of Rs. 3,00,000/- (Rupees
Three lacs only) as per the schedule in settlement.It is submitted that
the custody of the children would be with respondent no. 2 and
petitioner no. 1 shall not have any visitation rights/rights of claim of
custody. Copy of the Settlement Deed dated 12.06.2024 has been
annexed as Annexure P-2.
5. Petitioner no. 3 & 6 as also respondent no. 2 are physically -
present before the Court while respondent no. 5 has entered
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer SI Akash Kumar, PS
Bhajanpur.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has received the entire settlement amount and has no objection if the
FIR No. 682/2022 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. 682/2022 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.
682/2022, dated 16.12.2022, registered at P.S Bhajanpura, Delhi under
section 498A/406/34 IPC & Sections 3/4 of Dowry Prohibition Act
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 26, 2025
SK
