[Cites 11, Cited by 0]
Delhi High Court
Pawan Gupta & Ors vs The State & Anr on 24 December, 2025
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24.12.2025
,,,,,,,,,,
+ CRL.M.C. 9298/2025 & CRL.M.A. 38780/2025 EXEMPTION
PAWAN GUPTA & ORS. .....Petitioner
Through: Mr. Muzammil, Ms. Neha
Kapila, Advs. with all
petitioners in person.
versus
THE STATE & ANR. .....Respondent
Through: Mr. Aashneet Singh, APP with
ASI Nathulal, PS Sangam
Vihar.
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. 129/2022, dated
16.02.2022, registered at P.S Sangam Vihar, Delhi under Sections
498A/406/354/377/509/34 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 02.05.2021 as per Hindu Rites and ceremonies. No
child was born out of the said wedlock. Due to temperamental
differences Petitioner no. 1 and Respondent no. 2 have been living
separately since 11.07.2021.
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. She further alleged that petitioner no. 1
coerced her into unnatural/oral sex and upon her refusal he also tore
her clothes and pushed her naked out of the room, even Petitioner no.
2/Jeth tore her suit while abusing her sexually during confrontation.
Petitioner no. 4 also seized jewelry publicly with taunts.Chargesheet
has since been filed under sections 498A/406/354/377/509/34 IPC
against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Mediation Centre, Saket Courts, New Delhi
and the terms of the compromise were reduced into writing in the form
of a Settlement dated 07.07.2025. It is submitted that petitioner no. 1
and respondent no. 2 have obtained divorce by mutual consent on
13.10.2025 and petitioner no. 1 has paid the entire settlement amount
of Rs. 4,65,000/- (Rupees FourLacs Sixty Five Thousand only) to
respondent no. 2 as per the schedule in the settlement. Copy of the
Settlement dated 07.07.2025 has been annexed as Annexure P-
3(Colly).
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer ASI Nathulal, from PS Sangam Vihar.
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. 129/2022 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. 129/2022 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. 129/2022, dated
16.02.2022, registered at P.S Sangam Vihar, Delhi under section
498A/406/354/377/509/34 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 24, 2025
SK/lks
