[Cites 8, Cited by 0]
Delhi High Court
Kunal Sharma & Ors vs State Of Nct Of Delhi & Anr on 17 December, 2025
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 17.12.2025
,,,,,,,,,,
+ W.P.(CRL) 4182/2025 & CRL.M.A. 37731/2025 EXEMPTION
KUNAL SHARMA & ORS. ....Petitioners
Through: Mr. Arun Saxena, Mr. Govind
Shrivastav, Mr. Namit Gupta,
Mr. Aakash Asad, Advocates.
Petitioners in person.
versus
STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Ms. Rupali Bandhopadhya,
ASC with Ms. Amisha Gupta,
Mr. Abhijeet Kumar, Advocates
with SI Dharmendra Kumar,
PS-Hauz Quazi.
Mr. Jitash Kumar Singh,
Advocate for R-2.
Respondent No. 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. 0315/2021,
dated16.12.2021, registered at P.S Hauz Quazi 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 10.07.2019 as per Hindu Rites and ceremonies at
Delhi. No Child from the said wedlock. However, on account of
temperamental differences Petitioner No.1 and Respondent No. 2 are
living separately since 06.12.2020.
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. 0315/2021 was lodged at the
instance of respondent no. 2 at PS Hauz Quazi under sections
498A/406/34IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Counselling Cell, Tis Hazari Courts, New
Delhi and the terms of settlement were written in the form of
Settlement Deed dated 15.01.2025. It is submitted that petitioner no.1
and respondent no. 2 have obtained divorce on 01.07.2025 and the
petitioner no.1 has paid the entire settlement amount of Rs. 6,00,000/-
(Rupees Six Lacs Only) along with the articles as per the list attached
with the report to respondent no. 2 as per the schedule in the
settlement. Copy of the settlement deed dated 15.01.2025 has been
annexed as Annexure P-7.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Dharmendra Kumar, from PS Haux Quazi.
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 as also the gold and dowry
articles and has no objection if the FIR No. 0315/2021 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. 0315/2021 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.
0315/2021, dated 16.12.2021, registered at P.S Hauz Quazi 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 17, 2025
MA/vd
