Delhi High Court
Mukul Punyani & Ors vs The State Nct Of Delhi And Anr on 17 October, 2025
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 17.10.2025
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+ CRL.M.C. 7452/2025 & CRL.M.A. 31197/2025 EXEMPTION
FROM FILING CERTIFIED COPIES ETC.
MUKUL PUNYANI & ORS. .....Petitioners
Through: Mr. Nirmal Chawla Bhalla, Mr.
Raj Kumar, Advs. with
Petitioner no. 1 to 3 in person,
Petitioner no. 4 through VC.
versus
THE STATE NCT OF DELHI AND ANR .....Respondents
Through: Ms. Kiran Bairwa, APP with SI
W/SI Shalu, PS Farsh Bazar,
District Shahdara.
Mr. Vivek Jain, Ms. Aditi
Aggarwal Gupta, 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. 167/2023, dated
08.05.2023, registered at P.S Farsh Bazar, District Shahdara, 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 20.08.2020 as per Hindu Rites and ceremonies.
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 21.05.2022.
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. 167/2023 was lodged at the
instance of respondent no. 2 at PS Farsh Bazar, District Shahdara
under sections 498A/406/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before the and Counselling Cell, Family Court,
Shahadara, Karkardooma, Delhi and executed a Settlement dated
21.11.2024. It is submitted that petitioner no.1 and respondent no. 2
have obtained divorce on 30.05.2025 and petitioner no. 1 has paid the
entire settlement amount of Rs. 11,00,000/- (Rupees Eleven Lacs
only) and returned the jewellery articles to respondent no. 2 as per the
schedule in the settlement. It is further submitted that the custody of
the child shall remain with the Respondent No. 2 and Petitioner No.1
would have monthly visitation rights. Copy of the Settlement dated
21.11.2024 has been annexed as Annexure P-2.
5. Petitioner nos. 1 to 3 and respondent no. 2 are physically
present before the Court while petitioner no. 4 has entered her
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer W/SI Shalu, from PS
Farsh Bazar, District Shahdara.
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 jewellery and has no
objection if the FIR No. 167/2023 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. 167/2023 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.
167/2023, dated 08.05.2023, registered at P.S Farsh Bazar, District
Shahdara, Delhi under section 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
October 17, 2025
SJ
