Delhi High Court
Kinshuk Tomar & Ors vs The State Nct Of Delhi And Anr on 29 October, 2025
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 29.10.2025
,,,,,,,,,,
+ CRL.M.C. 7583/2025
KINSHUK TOMAR & ORS. ....Petitioners
Through: Mr. Dushyant Chaudhary, Ms.
Shikha Sharma, Ms. Nancy
Gautam Advs.
Petitioners in person.
versus
THE STATE NCT OF DELHI AND ANR. ....Respondents
Through: Mr. Digam Singh Dagar, APP
with SI Arun Kumar,
P.S.Paharganj.
Mr. Asim Naeem, Ms. Cherry
Gupta, Ms. Mugdha Garg,
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. 220/2021, dated
10.07.2021, registered at P.S Paharganj, Delhi under Sections
498A/406/509/34 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 13.12.2018 as per Hindu 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 29.03.2020.
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. 220/2021 was lodged at the
instance of respondent no. 2 at PS Paharganj under sections
498A/406/509/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Delhi Mediation Centre, Karkardooma Courts
and the terms of settlement were written in the form of a Settlement
Agreement dated 12.09.2023. It is submitted that petitioner no.1 and
respondent no. 2 have obtained divorce on 30.07.2025. It is submitted
that as per settlement, petitioner no.1 agreed to pay Rs. 24,00,000/- to
respondent no.2. Respondent no.2 states that she has received
Rs.16,00,000/- from the petitioner no.1 at the time of first and second
motion and has today received draft of Rs. 8,00,000/-( bearing no.
082247 drawn on HDFC Bank dated 28.10.2025) towards the balance
settlement amount from petitioner no.1. Copy of the Settlement
Agreement dated 12.09.2023 has been annexed as Annexure - C.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Arun Kumar from PS Paharganj.
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. 220/2021 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. 220/2021 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.
220/2021, dated 10.07.2021, registered at P.S Paharganj, Delhi under
section 498A/406/509/34 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
October 29, 2025
SJ
