[Cites 12, Cited by 0]
Delhi High Court
Sh Rahul Gautam And Ors vs The State Nct Of Delhi And Anr on 4 December, 2025
$~100
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 04.12.2025
,,,,,,,,,,
+ CRL.M.C. 7821/2024
SH RAHUL GAUTAM AND ORS. .....Petitioners
Through: Mr. Sushant Tripathi, Advocate.
Petitioner No. 1 in person.
Petitioner Nos. 2 and 3 are
present through VC.
versus
THE STATE NCT OF DELHI AND ANR ... Respondents
Through: Ms. Manjeet Arya, APP.
SI Johny Kumar, PS-Uttam
Nagar.
Mr. Akshya, Mr, Ashish
Sheoran, Advocates for R-2
with R-2.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 36152/2025 (early hearing)
Bearing in mind the reasons explained, the application is
allowed and CRL.M.C. 7821/2024 is taken up for consideration today.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 0676/2021, dated
27.08.2021, registered at P.S Uttam Nagar, Delhi under Sections
498A/406 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 15.07.2018 as per Hindu Rites and ceremonies at
Delhi. No 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 21.01.2021.
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. 0676/2021 was lodged at the
instance of respondent no. 2 at PS Uttam Nagar under sections
498A/406 IPC against the petitioners. Subsequently Chargesheet was
filed.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Counselling Cell and the terms of settlement
were written in the form of Settlement dated 18.03.2024. It is
submitted that petitioner no.1 and respondent no. 2 have obtained
divorce on 10.05.2024 and the petitioner no. 1 has paid the entire
settlement amount of Rs. 22,00,000/- (Rupees Twenty Two Lac Only)
to respondent no. 2 as per the schedule in the settlement. Copy of the
settlement agreement dated 18.03.2024 has been annexed as Annexure
P-3.
5. Petitioner No. 1 and respondent No. 2 are physically present
before the Court while petitioner Nos. 2 and 3 have entered their
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer SI Johny Kumar, from
PS Uttam Nagar.
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 and has no objection if the FIR No.
0676/2021 is quashed against the Petitioners.
7. Petitioner No. 2, who is present through video conferencing,
undertakes to assist respondent No. 2 for the purpose of quashing of
cross FIR No. 159/2021, under Sections 323/341/451/384/504 IPC,
registered at Police Station Sadar, Jaipur.
8. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 0676/2021 is quashed.
9. 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
10. 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.
11. 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.
12. In the interest of justice, the petition is allowed, and the FIR No.
0676/2021, dated 27.08.2021, registered at P.S Uttam Nagar, Delhi
under Sections 498A/406 IPC and all the other consequential
proceeding emanating therefrom is hereby quashed.
13. Petition is allowed and disposed of accordingly.
14. Pending application(s), if any, also stand disposed of.
15. The date already fixed i.e. 24.04.2026, shall stand cancelled.
RAVINDER DUDEJA, J
December 4, 2025
MA
