[Cites 8, Cited by 0]
Delhi High Court
Tarun Kumar & Ors vs The State Of Nct Of Delhi And Ors on 4 December, 2025
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 04.12.2025
,,,,,,,,,,
+ CRL.M.C. 7023/2025 & CRL.M.A. 29499/2025 EXEMPTION
TARUN KUMAR & ORS. .....Petitioners
Through: Mr. Sachin Kumar, Mr. Deepak
Garg, Mr. Siddharth Srivastava,
Adv.
Petitioners No. 1 & 3 are
present in person
Petitioner No. 2 through its
SPA holder Mr. Tarun Kumar,
present in person
versus
THE STATE OF NCT OF DELHI AND ORS.....Respondents
Through: Mr. Nawal Kishore Jha, APP
with SI Sumeet Parik, PS Vivek
Vihar
Mr. Ramneek Mishra, and Mr.
Ajun Jain, Adv. for R-2.
Respondent No. 2 is present 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. 0692/2021, dated
01.12.2021,registered at P.S Vivek Vihar, 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. 1and Respondent no. 2/complainant
was solemnized on 16.02.2020 as per Hindu Rites and ceremonies. No
child was born out of the said wedlock. However, on account of
temperamental differences Petitioner No. 1and Respondent No. 2 are
living separately since 16.04.2022.
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. 0692/2021 was lodged at the
instance of respondent no. 2 at PS Vivek Vihar under sections
498A/406/34 IPC against the petitioners. Subsequently Chargesheet
was filed.
4. During the course of proceedings, the parties amicably resolved
their disputes before Delhi Mediation Centre, Karkardooma Courts,
Delhi and the terms of settlement were written in the form of
Settlement dated 03.10.2024. It is submitted that petitioner no.1 and
respondent no. 2 have obtained divorce on 08.04.2025 and the
petitioner no. 1 has paid the entire settlement amount of Rs. 6,50,000/-
(Rupees Six Lac Fifty Thousand Only) to respondent no. 2 as per the
schedule in the settlement. Copy of the settlement agreement dated
03.10.2024 has been annexed as Annexure P-3.
5. Petitioner No. 1 is physically present for self and for petitioner
no.2 as her SPA, petitioner no.3 and respondent no.2 are physically
present before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer SI Sumeet Parik, from
PS Vivek Vihar.
6. Respondent No. 2confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has received the entire settlement and has no objection if the FIR No.
0692/2021is 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. 0692/2021is 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 Live Law (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 above
mentioned FIR and the proceedings pursuant thereto.
11. In the interest of justice, the petition is allowed, and the FIR No.
0692/2021, dated 01.12.2021,registered at P.S Vivek Vihar, Delhi
under Sections 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
December 4, 2025
MA
