[Cites 8, Cited by 0]
Delhi High Court
Mohd. Sahil And Others vs State Nct Of Delhi And Anr on 6 December, 2025
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 06.12.2025
,,,,,,,,,,
+ W.P.(CRL) 3958/2025
MOHD. SAHIL AND OTHERS .....Petitioner
Through: Mr. Prity Mishra, Mr. Mukesh
Mishra, Advs. with petitioner
nos. 1, 2 & 3 in person and
petitioner nos. 4, 5, 6 & 7
through VC.
versus
STATE NCT OF DELHI AND ANR .....Respondent
Through: Mr. Sanjay Lao, Standing
Counsel with Mr. Abhinav
Kumar, Adv. with SI Sachin,
PS Khajuri Khas.
Mr. Chandrakar Mishra, 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. 232/2024, dated
04.04.2024, registered at P.S Khajuri Khas, 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 19.02.2023 as per Muslim Rites and ceremonies.
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 14.05.2023.
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. FIR No. 232/2024 was lodged at the
instance of respondent no. 2 at PS Khajuri Khas under sections
498A/406/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes and the terms of settlement were written in the form of
Mubarat Deed dated 16.07.2025. It is submitted that petitioner no.1
and respondent no. 2 have obtained divorce on 29.07.2025 and the
petitioner no. 1 has paid the entire settlement amount of Rs. 7,00,000/-
(Rupees Seven Lacs only) and returned the jewellery articles to
respondent no. 2 as per the schedule in the settlement. Copy of the
settlement agreement dated 16.07.2025 has been annexed as Annexure
P-2.
5. Petitioner nos. 1, 2, 3 and respondent no. 2 are physically
present before the Court while petitioner nos. 4, 5, 6 & 7 have entered
their appearance through VC. They have been identified by their
respective counsels as well as by the Investigating Officer SI Sachin,
from PS Khajuri Khas.
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.
232/2024 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. 232/2024 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. In the interest of justice, the petition is allowed, and the FIR No.
232/2024, dated 04.04.2024, registered at P.S Khajuri Khas, 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 06, 2025
MA
