[Cites 10, Cited by 0]
Delhi High Court
Ajay Kumar & Ors vs State Nct Of Delhi And Anr on 8 December, 2025
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 08.12.2025
,,,,,,,,,,
+ CRL.M.C.8767/2025 & CRL.M.A. 36531/2025EXEMPTION
FROM FILING CERTIFIED COPIES ETC.
AJAY KUMAR & ORS. .....Petitioners
Through: Ms. Nidhi Lakra, Ms. Komal
Kohli, Ms. Prachi Verma, Mr.
Nirdesh Bidhuri, Advs. along
with petitioners in person.
versus
STATE NCT OF DELHI AND ANR .....Respondents
Through: Mr. Satinder Singh Bawa, APP
with SI Shantanu, PS Sunlight
Colony.
Mr. Sajid Ahmed, Mr. Firoz
Iqbal Khan, Mr. Mohammad
Faizan, 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 Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 213/2024, dated
25.06.2024, registered at P.S Sunlight Colony, Delhi under Sections
498A/406/34/354(A)/509 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 16.02.2010 as per Sikh Rites and ceremonies at
New Delhi. Two children were born out of the said wedlock. Due to
temperamental differences Petitioner No. 1 and Respondent no. 2 have
been living separately since 15.06.2023.
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 alleged that petitioner nos. 4
to 6 molested, inappropriately touched her and passed lewd remarks.
Chargesheet has since been filed under sections
498A/406/34/354(A)/509 IPC against the Petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before Counselling cell, Family Court, (South East)
Saket, New Delhi and the terms of the compromise were reduced into
writing in the form of a Settlement dated 23.08.2024. It is submitted
that petitioner no. 1 and respondent no. 2 have obtained divorce by
mutual consent on 25.04.2025 and petitioner no. 1 has paid the entire
settlement amount of Rs. 1,00,000/- (Rupees One Lac only) to
respondent no. 2 as per the schedule of the settlement. It is further
submitted that the custody of the children is with petitioner no. 1 with
visitation rights to respondent no. 2. Copy of the Settlement dated
23.08.2024 has been annexed as Annexure P-3.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Shantanu, PS Sunlight Colony.
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 total settlement amount and has no objection if the
FIR No. 213/2024 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. 213/2024 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, 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. 213/2024, dated
25.06.2024, registered at P.S Sunlight Colony, Delhi under section
498A/406/34/354(A)/509 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
December 08, 2025
SK
