Delhi High Court
Shiva Balguher And Ors vs State Nct Of Delhi And Anr on 12 September, 2025
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 12.09.2025
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+ CRL.M.C. 6480/2025
SHIVA BALGUHER AND ORS. .....Petitioners
Through: Mr. Adv. (appearance not
given)
Petitioners in person.
versus
STATE NCT OF DELHI AND ANR. .....Respondents
Through: Ms. Kiran Bairwa, APP SI
Somika, P.S.Bindapur.
Mr. Anish Sharma, Adv. for the
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. 605/2021, dated
02.07.2021,registered at P.S Bindapur, 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 01.06.2016 as per Hindu Rites and ceremonies at
New Delhi. One child was born out of the said wedlock. However, on
account of temperamental differences Petitioner No. 1and Respondent
No. 2 are living separately since 20.08.2020.
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. 605/2021 was lodged at instance
of respondent no. 2under Sections 498A/406/34 IPC against the
petitioners. Charge sheet has been filed under section
498A/406/354/34 IPC.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Counselling Cell, Family Courts and the
terms of the compromise were reduced into writing in the form of a
Settlement dated 28.08.2024. In view of the aforesaid settlement,
petitioner no. 1 and respondent no. 2 have obtained divorce on
01.07.2025. It is submitted that petitioner no. 1 has paid the entire
settlement amount of Rs. 6,00,000/- (Rupees Six Lacs only) to
respondent no. 2 as per the schedule in the settlement. It is further
submitted that respondent no. 2 has vacated house no. G-39 Phase 2
Dwarka Sector-3 New Delhi and the custody of the child will remain
with respondent no. 2 with visitation rights to petitioner no. 1. Copy of
the Settlement dated 28.08.2024has 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 Somika from PS Bindapur.
6. Respondent No. 2confirms 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. 605/2021is 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. 605/2021is 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
above-mentioned FIR and the proceedings pursuant thereto.
11. In the interest of justice, the petition is allowed, and the FIR No.
605/2021, dated 02.07.2021, registered at P.S Bindapur, 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 12, 2025
SK
