[Cites 7, Cited by 0]
Delhi High Court
Mahesh Kumar And Ors vs The State Nct Of Delhi And Anr on 6 December, 2025
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 06.12.2025
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+ CRL.M.C. 2786/2025 & CRL.M.A. 12480/2025 EXEMPTION
FROM FILING CERTIFIED COPIES
MAHESH KUMAR AND ORS .....Petitioner
Through: Mr. M. R. Jangid, Ms. Neetika
Chaturvedi, Advs. with all
petitioners through VC.
versus
THE STATE NCT OF DELHI AND ANR .....Respondent
Through: Mr. Satinder Singh Bawa, APP
with SI Bachchu Singh, PS
Baba Haridas Nagar.
Respondent no. 2 through VC.
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. 358/2018, dated
20.11.2018, registered at P.S Baba Haridas Nagar, Delhi under
Sections 498A/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 06.07.2014 as per Hindu Rites and ceremonies at
Haryana. 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 13.02.2017.
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. Chargehseet has since been filed under
sections 498A/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Delhi High Court Mediation and Conciliation
Centre and the terms of the compromise were reduced into writing in
the form of a Settlement Deed dated 12.09.2024. It is submitted that
Petitioner No. 1 and Respondent No. 2 have obtained divorce by way
of mutual consent on 24.03.2025. It is submitted that Petitioner No. 1
has paid the total settlement amount of Rs. 15,00,000/- (Rupees
Fifteen lacs only) as per the schedule in settlement to respondent no. 2.
It is further submitted that respondent no. 2 shall have the custody of
the child with no visitation rights conferred to Petitioner No. 1. Copy
of the Settlement Deed dated 12.09.2024 has been annexed as
Annexure C.
5. Parties have entered their appearance through VC. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Bachchu Singh, from PS Baba Haridas 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 amount and has no objection if the
FIR No. 358/2018 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. 358/2018 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. In the interest of justice, the petition is allowed, and the FIR No.
358/2018, dated 20.11.2018, registered at P.S Baba Haridas Nagari,
Delhi under section 498A/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 06, 2025
SK
