Delhi High Court
Kunal & Ors vs The State Of Nct Of Delhi And Anr on 10 September, 2025
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10.09.2025
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+ W.P.(CRL) 2899/2025
KUNAL & ORS. .....Petitioners
Through: Mr. Kamal Kishor Bhardwaj,
Ms. Jyoti Bhardwaj and Mr.
Lokender Kaushik, Advs.
Petitioners in person.
versus
THE STATE OF NCT OF DELHI AND ANR .....Respondents
Through: Mr. Sanjay Lao, Standing
Counsel.
SI Dinesh Kumar, P.S.Nand
Nagri.
Ms. Jyoti Thakur, Adv. 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 Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 572/2020, dated 03.09.2020, registered at
P.S Nand Nagri, 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 29.04.2018 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 24.06.2019.
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. 572/2020 was lodged at instance
of Respondent no. 2 under sections 498A/406/34 IPC against the
petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Counselling Cell, Family Courts, Tis Hazari,
Delhi and the terms of the compromise were reduced into writing in
the form of a Settlement dated 22.10.2024. In view of the aforesaid
settlement, petitioner no. 1 and respondent no. 2 have obtained divorce
on 13.02.2025. It is submitted that petitioner no. 1 has paid the entire
settlement amount of Rs. 6,20,000/- (Rupees Six Lacs Twenty
Thousand only) as per the schedule mentioned in the settlement. Copy
of the Settlement dated 22.10.2024 has been annexed as Annexure 3.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Dinesh Kumar from PS Nand Nagri.
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 along all the articles and has
no objection if the FIR No. 572/2020 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. 572/2020 is quashed.
8. Hon'ble Supreme Court has recognized the need of amicable
settlement 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
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.
572/2020, dated 03.09.2020, registered at P.S Nand Nagri, 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 10, 2025
SK
