Delhi High Court
Gulfam & Ors vs State Of Nct Of Delhi & Anr on 16 October, 2025
$~94
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 16.10.2025
,,,,,,,,,,
+ W.P.(CRL) 3413/2025
GULFAM & ORS. ....Petitioners
Through: Mr. Shahruk Khan, Advocate.
Petitioner Nos. 1 to 3 in person.
versus
STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Mr. Sanjay Lao, Standing
Counsel with Mr. Abhinav
Kumar Arya, Mr. Aryan
Sachdeva, Advocates with SI
Shaily Jain, PS-Dayalpur.
Mr. Rizwan Ahmad, Advocate
for R-2.
R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 0393/2022, dated 09.07.2022, registered
at P.S Dayal Pur, 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 16.05.2016 as per Muslim Rites and ceremonies at
New Delhi. No 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 17.02.2020.
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. 0393/2022 was lodged at the
instance of Respondent No. 2 at PS Dayal Pur under sections
498A/406/34 IPC against the Petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes and the terms of settlement were written in the form of a
Memorandum of Understanding cum Settlement Agreement dated
11.02.2025. It is submitted that marriage between petitioner No. 1 and
respondent No. 2 has been dissolved as per Muslim Rites and Customs
[Shariat] (Annexure 5) and the Petitioner no. 1 has paid the entire
settlement amount of Rs. 2,10,000/- (Rupees Two Lac Ten Thousand
only) to respondent no. 2 as per the schedule in the settlement. Copy
of the Settlement Agreement dated 11.02.2025 has been annexed as
Annexure 3.
5. Petitioner Nos. 1 to 3 and respondent No. 2 are physically
present before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer SI Shaily Jain, from
PS Dayal Pur.
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 along and has no objection
if the FIR No. 0393/2022 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. 0393/2022 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. Hence, 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.
0393/2022 dated 09.07.2022, registered at P.S Dayal Pur, Delhi under
section 498A/406/34 IPC and all the other consequential proceedings
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
October 16, 2025
MA
