Delhi High Court
Gaurav Kumar Sharma & Anr vs State Of Nct & Anr on 8 September, 2025
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
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Date of decision: 08.09.2025
+ CRL.M.C. 6329/2025 & CRL.M.A. 26730/2025 EXEMPTION
GAURAV KUMAR SHARMA & ANR. .....Petitioners
Through: Mr. Shantanu Dubey, Adv. All
petitioners in person.
Versus
STATE OF NCT & ANR. .....Respondents
Through: Mr. Kiran Bairwa, APP with SI
Ravinder, ASI Sunita, PS
Mohan Garden.
Mr. Ravi Pandey 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. 211/2024, dated
26.06.2024, registered at P.S Mohan Garden, 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 12.02.2022 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 24.10.2022.
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. Chargesheet has since been filed.
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 Deed dated 04.09.2024. In view of
the aforesaid settlement, petitioner no. 1 and respondent no. 2 have
obtained divorce on 20.01.2025. Copy of the Settlement Deed dated
04.09.2024 has been annexed as Annexure P-2.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Ravinder, from PS Mohan Garden.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has no objection if the FIR No. 211/2024 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. 211/2024 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.
211/2024, dated 26.06.2024, registered at P.S Mohan Garden, 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 08, 2025
SK
