[Cites 8, Cited by 0]
Delhi High Court
Tushar Bansal & Ors vs State (Nct Of Delhi) & Anr on 12 December, 2025
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 12.12.2025
,,,,,,,,,,
+ W.P.(CRL) 2371/2025
TUSHAR BANSAL & ORS. .....Petitioner
Through: Mr. Arvind Kumar, Adv. with
all petitioners in person.
versus
STATE (NCT OF DELHI) & ANR. .....Respondent
Through: Mr. Sanjay Lao, St. Counsel
with SI Akansha, PS Adarsh
Nagar.
Mr. Raj kumar, Mr. Atul Singh
Rawat, Mr. Sancheet Sharma,
Advs. 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. 0912/2023, dated
30.12.2023, registered at P.S Adarsh Nagar, 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. 3 and Respondent no. 2/complainant
was solemnized on 14.01.2011 as per Hindu Rites and ceremonies.
However, on account of temperamental differences Petitioner No. 3
and Respondent No. 2 started living separately.
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. 0912/2023 was lodged at the
instance of respondent no. 2 at PS Adarsh Nagar under sections
498A/406/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before Delhi Mediation Centre, Rohini Courts, Delhi
and the terms of settlement were written in the form of
Settlement/Agreement dated 30.05.2024. It is submitted that
petitioner no.3 and respondent no. 2 have obtained divorce on
11.12.2025 and the petitioner no. 3 has paid the entire settlement
amount of Rs. 15,00,000/- (Rupees Fifteen Lac Only) to respondent
no. 2 from the 1/3rd share received out of the total sale consideration
amount of property bearing no. D-10 Prithviraj Road sold by the
petitioner no.2 as per the schedule in the settlement. Copy of the
settlement agreement dated 30.05.2024 has been annexed as Annexure
P-2. Copy of the Divorce Decree filed and taken on record.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Akansha, from PS Adarsh 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. 0912/2023 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. 0912/2023 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.
0912/2023, dated 30.12.2023, registered at P.S Adarsh Nagar, 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 12, 2025
MA
