[Cites 8, Cited by 0]
Delhi High Court
Gaurav Jain vs State Nct Of Delhi And Anr on 12 December, 2025
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 12.12.2025
,,,,,,,,,,
+ CRL.M.C. 8903/2025 & CRL.M.A. 37136/2025 EXEMPTION
GAURAV JAIN .....Petitioner
Through: Mr. Rajeeve Agarwal and Mr.
Shashank Sharma Advs.
Petitioner in person.
versus
STATE NCT OF DELHI AND ANR .....Respondents
Through: Mr. Satinder Singh Bawa, APP
with SI Vikrant Singh, P.S.Hari
Nagar.
Mr. Ajai Kumar, 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. 447/2018, dated
06.10.2018, registered at P.S Hari 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 and Respondent no. 2/complainant was
solemnized on 29.05.2015 as per Hindu Rites and ceremonies at New
Delhi. One child was born out of the said wedlock. Due to
temperamental differences Petitioner and Respondent no. 2 have been
living separately since 30.07.2016.
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 Petitioner. Chargesheet has since been filed under
sections 498A/406/34 IPC against the Petitioner as also father-in-law
and mother-in-law of respondent no. 2. The learned trial court vide
order dated 01.05.2024, discharged the father-in-law and mother-in-
law of the complainant.
4. During the course of proceedings, the parties amicably resolved
their disputes before Delhi Mediation Centre, Tis Hazari Courts, New
Delhi and the terms of the compromise were reduced into writing in
the form of a Mediation Settlement dated 07.08.2025. It is submitted
that petitioner and respondent no. 2 have obtained divorce by mutual
consent on 03.11.2025 and petitioner has paid the entire settlement
amount of Rs. 35,00,000/- (Rupees Thirty Five Lacs Only) to
respondent no. 2 as per the schedule of the settlement. It is further
submitted that the custody of the child shall be with respondent no. 2
with no visitation rights to petitioner. Copy of the Mediation
Settlement dated 07.08.2025 has been annexed as Annexure P-5.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Vikrant Singh from PS Hari Nagar.
6. Respondent no. 2 confirms that the matter has been amicably
settled with the petitioner without any force, fear, coercion and
confirms receiving the total settlement amount and has no objection if
the FIR No. 447/2018 is quashed against the Petitioner.
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. 447/2018 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. The petition is allowed, and the FIR No. 447/2018, dated
06.10.2018, registered at P.S Hari Nagar, Delhi under section
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
SK
