[Cites 8, Cited by 0]
Delhi High Court
Hemant Kumar And Ors vs State (Govt, Of Nct Of Delhi) And Anr on 22 December, 2025
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.12.2025
,,,,,,,,,,
+ CRL.M.C. 9126/2025 & CRL.M.A. 38176/2025EXEMPTION
FROM FILING CERTIFIED COPIES ETC.
HEMANT KUMAR AND ORS .....Petitioner
Through: Mr. Vicky Jha, Mr. R. K. Jha,
Advs. with all petitioners in
person.
versus
STATE (GOVT, OF NCT OF DELHI) AND ANR
.....Respondent
Through: Mr. Sanjeev Sabharwal, APP
with SI Manish, PS Inderpuri.
Mr. Anil Devlal, Ms. Rita, Mr.
Neetu Badolia, Mr. Rakesh
Tiwari, 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. 0005/2014, dated
10.01.2014, registered at P.S Inder Puri, 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 08.11.2008 as per Hindu Rites and ceremonies at
Delhi. One 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 05.03.2012.
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. FIR no. 0005/2014 was lodged at the
instance of respondent no. 2 at PS Inder Puri under Sections
498A/406/34 IPC against the petitioners. Chargesheet has been filed.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Delhi Mediation Centre, Patiala House
Courts, New Delhi and the terms of settlement were written in the
form of Settlement dated 04.01.2023. It is submitted that petitioner
no.1 and respondent no. 2 have obtained divorce on 21.08.2023 and
the petitioner no.1 has paid the entire settlement amount of Rs.
1,75,000/- (Rupees One Lac Seventy Five Thousand Only) to
respondent no. 2 and the custody of the minor child shall remain with
respondent no.2 and the petitioner no.1 shall not claim any
visitation/custody rights as per the schedule in the settlement. Copy of
the settlement dated 04.01.2023 has been annexed as Annexure P-2.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Manish, from PS Inderpuri.
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. 0005/2014 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. 0005/2014 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 above
mentioned FIR and the proceedings pursuant thereto.
11. In the interest of justice, the petition is allowed, and the
0005/2014, dated 10.01.2014, registered at P.S Inder Puri, 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 22, 2025
MA/lks
