Delhi High Court
Puneet Dua & Ors vs State Of Nct Delhi & Anr on 1 September, 2025
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 01.09.2025
,,,,,,,,,,
+ CRL.M.C. 6089/2025
PUNEET DUA & ORS. .....Petitioners
Through: Mr. Adv. (appearance not
given)
Petitioners in person.
versus
STATE OF NCT DELHI & ANR. .....Respondents
Through: Mr. Aman Usman, APP for the
State with SI Deepika,
P.S.Vikas Puri and SI Shweta,
P.S.Tilak Nagar.
Ms. Poonam Rajesh, Adv. for
R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 25913/2025 EXEMPTION
Allowed, subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 6089/2025 & CRL.M.A. 25912/2025 STAY
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 405/2023, dated
08.08.2023, registered at P.S Vikaspuri, 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 24.03.2010 as per Hindu Rites and ceremonies. No
child was born out of the said wedlock. However, on account of
temperamental differences Petitioner No. 1and Respondent No. 2 are
living separately since 04.09.2022.
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. 405/2023 was lodged at instance
of respondent no. 2 under sections498A/406/34 IPC against the
petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes and the terms of the compromise were reduced into
writing in the form of a Settlement dated 27.09.2024 before the
Mediation Centre, Dwarka Courts, New Delhi. Pursuant to the
aforesaid settlement, petitioner no. 1 and respondent no. 2 have
obtained divorce on 02.06.2025. It is submitted that Petitioner No. 1
has paid the total settlement amount of Rs. 15,00,000/- (Rupees
Fifteen Lacs Only) as per the schedule in settlement. Copy of the
Settlement dated 27.09.2024 has been annexed as Annexure P-4
(Colly).
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officers SI Deepika, from PS Vikaspuri and SI Shweta, P.S.Tilak
Nagar.
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 total settlement amount and has no objection if the
FIR No. 405/2023 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. 405/2023 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
above mentioned FIR and the proceedings pursuant thereto.
11. In the interest of justice, the petition is allowed, and the FIR No.
405/2023, dated 08.08.2023, registered at P.S Vikaspuri, 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
September 01, 2025
SK
