Delhi High Court
Rehan Khan & Ors vs State Through Sho & Anr on 8 September, 2025
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 08.09.2025
,,,,,,,,,,
+ W.P.(CRL)2843/2025 & CRL.M.A. 26673/2025 EXEMPTION
REHAN KHAN&ORS. .....Petitioners
Through: Mr. Kapil Singh Gaur, Mr.
Sahil Varshney, Mr. Akshay
Pratap Singh, Mr. Mohit, Advs.
along with P-1 & 2 in person
and P-2 to 5 through VC.
versus
STATE THROUGH SHO & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing
Counsel with Ms. Priyam
Aggarwal, Mr. Abhinav Kumar
Arya, Mr. Aryan Sachdeva,
Advs. & SI Sanjay Kumar, PS
Karawal Nagar.
Ms. Seema Chhabra, Adv. for
R-2 along with 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. 315/2022, dated 05.07.2022, registered at
P.S Karawal Nagar, Delhi under Sections 498A/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. 2and Respondent no. 2/complainant
was solemnized on 07.02.2018 as per Shariyat Law at Delhi. No child
was born out of the said wedlock. However, on account of
temperamental differences Petitioner No. 2 and Respondent No. 2 are
living separately since 28.02.2020.
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. 315/2022 was lodged at instance
of respondent no. 2 under sections 498A/34 IPC against the
petitioners. Charge-sheet has been filed under Section 498A/34 IPC.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Delhi Mediation Centre, Karkardooma
Courts, Delhi and the terms of the compromise were reduced into
writing in the form of a Settlement Agreement dated 31.05.2025. In
view of the aforesaid settlement, petitioner no. 2 and respondent no. 2
have obtained divorce on 29.07.2025. It is submitted that petitioner no.
2 has paid Rs. 9,00,000/- (Rupees Nine Lacs only) as full and final
settlement as per the schedule mentioned in the settlement.Copy of the
MOU/Settlement Deed dated 04.09.2024 has been annexed as
Annexure P-3.
5. Petitioner nos. 1 & 2 are physically present before the Court
while petitioner nos. 2 to 5 have entered their appearance through VC.
They have been identified by their respective counsels as well as by
the Investigating Officer SI Sanjay Kumar, PS Karawal 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. 315/2022 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. 315/2022 is quashed.
8. Hon'ble Supreme Court has recognized the need of
amicablesettlement of disputes in Rangappa Javoor vs The State Of
KarnatakaAnd 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
resolvedtheir 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.
315/2022, dated 05.07.2022, registered at P.S Karawal Nagar, Delhi
under section 498A/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
