Delhi High Court
Sushma Sahni vs State (Nct Of Delhi) & Anr on 10 October, 2025
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10.10.2025
,,,,,,,,,,
+ CRL.M.C. 7217/2025
SUSHMA SAHNI .....Petitioner
Through: Ms. Garima Bhardwaj, Adv.
with petitioner in person.
versus
STATE (NCT OF DELHI) & ANR. .....Respondent
Through: Ms. Kiran Bairwa, APP with SI
Shankar, PS Dabri.
R-2 through VC.
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. 06/2018, dated
05.01.2018, registered at P.S Dabri, 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 son of Petitioner (now deceased) and Respondent
no. 2/complainant was solemnized on 24.07.2015 as per Hindu Rites
and ceremonies at New Delhi. No child was born out of the said
wedlock. However, on account of temperamental differences son of
Petitioner and Respondent No. 2 started living separately since June
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. FIR No. 06/2018 was lodged at the
instance of respondent no. 2 at PS Dabri under sections 498A/406/34
IPC against the petitioners. Charge sheet has since been filed under
Section 498A/406 IPC before the Trial Court.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Family Courts, Tis Hazari, Delhi and the
terms of settlement were written in the form of a Settlement dated
04.09.2018. It is submitted that son of petitioner and respondent no. 2
have obtained divorce on 20.12.2018 and he has paid the entire
settlement amount of Rs. 3,80,000/- (Rupees Three Lacs Eighty
Thousand only) to respondent no. 2 as per the schedule in the
settlement. Copy of the Settlement dated 04.09.2018 has been annexed
as Annexure P-2(Colly).
5. It is submitted that since after divorce, husband and father in
law of respondent no. 2 have expired. Copy of the death certificates
has been annexed as Annexure P-6 & P-7.
6. Petitioner is physically present before the Court while
respondent no. 2 has entered her appearance through VC. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Shankar, from PS Dabri.
7. 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. 06/2018 is quashed against the Petitioners.
8. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 06/2018 is quashed.
9. 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
10. 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.
11. In view of the above facts that the parties have amicably
resolved their differences out of their own free will and without any
coercion. Hence, it would be in the interest of justice, to quash the
abovementioned FIR and the proceedings pursuant thereto.
12. In the interest of justice, the petition is allowed, and the FIR No.
06/2018, dated 05.01.2018, registered at P.S Dabri, Delhi under
section 498A/406/34 IPC and all the other consequential proceeding
emanating therefrom is hereby quashed.
13. Petition is allowed and disposed of accordingly.
14. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
October 10, 2025
SK
