Delhi High Court
Sanju @ Ashwani & Ors vs The State Nct Of Delhi & Anr on 10 September, 2025
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10.09.2025
,,,,,,,,,,
+ CRL.M.C. 6372/2025 & CRL.M.A. 26924/2025 EXEMPTION
SANJU @ ASHWANI & ORS. .....Petitioners
Through: Mr. Neeraj Kumar Dwivedi,
Adv.
Petitioners in person.
versus
THE STATE NCT OF DELHI & ANR. .....Respondents
Through: Ms. Kiran Bairwa, APP with SI
Deepanshu, P.S.Harsh Vihar.
Ms. Shivani Singh, Adv. for R-
2.
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. 849/2021, dated
29.10.2021,registered at P.S Harsh Vihar, Delhi under Sections
498A/406/34/323/506 IPC & section 4 of The Dowry Prohibition Act,
1961 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 09.02.2019 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 05.02.2021.
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. She further submits that petitioner no. 1
killed her 6 months old fetus. FIR No. 849/2021 was lodged at
instance of Respondent no. 2 under sections 498A/406/34/323/506
IPC & section 4 of The Dowry Prohibition Act, 1961.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Delhi Mediation Centre, Karkardooma Courts
and the terms of the compromise were reduced into writing in the form
of a Mediation Settlement dated 09.01.2025. In view of the aforesaid
settlement, petitioner no. 1 and respondent no. 2 have obtained divorce
on 22.07.2025. It is submitted that petitioner no. 1 has paid the entire
settlement amount of Rs. 6,40,000/- (Rupees Six Lacs Forty Thousand
only). Copy of the Mediation Settlement dated 09.01.2025 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 Deepanshu from P.S.Harsh Vihar.
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. 849/2021 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. 849/2021 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.
849/2021, dated 29.10.2021, registered at P.S Harsh Vihar, Delhi
under section 498A/406/34/323/506 IPC & section 4 of The Dowry
Prohibition Act, 1961and 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 10, 2025
SK
