Delhi High Court
Ketan Handa & Ors vs The State Govt. Of Nct Of Delhi And Anr on 27 August, 2025
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 27.08.2025
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+ CRL.M.C. 1791/2025 & CRL.M.A. 8082/2025 EXEMPTION
KETAN HANDA & ORS. .....Petitioners
Through: Mr. Gurbachan Singh, Mr.
Amandeep Singh, Advs. with P-
1 to P-5 in person
versus
THE STATE GOVT. OF NCT OF DELHI & ANR.
.....Respondents
Through: Mr. Hitesh Vali, APP, with SI
Neeraj Siwach, ASI Bijender
Kumar, PS Subzi Mandi
Ms. Sanjana, 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. 427/2023, dated
19.06.2023, registered at P.S Subzi Mandi, 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 24.01.2022 as per Hindu Rites and ceremonies at
Uttar Pradesh. 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 13.11.2022.
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. 427/2023 was lodged at instance
of Respondent no. 2 at PS Subzi Mandi under section 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 Mediation Settlement dated 18.07.2024 before
the Delhi Mediation Centre, Tis Hazari Courts, Delhi. Pursuant to the
aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have
obtained divorce on 08.01.2025. 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. It is further submitted that
the custody of the child would be with respondent no. 2 and petitioner
no. 1 shall not have any visitation rights. Copy of the Mediation
Settlement dated 18.07.2024 has been annexed as Annexure-4 (Colly).
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Neeraj, from PS Subzi Mandi.
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. 427/2023 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. 427/2023 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.
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.
427/2023, dated 19.06.2023, registered at P.S Subzi Mandi, 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 27, 2025
SK
