Delhi High Court
Hoshiyar Singh & Ors vs The State Govt. Of Nct Of Delhi And Anr on 19 September, 2025
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.09.2025
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+ CRL.M.C. 893/2025
HOSHIYAR SINGH & ORS. .....Petitioners
Through: Mr. Aman Jwala, Advocate.
Petitioner No. 1 in person.
Petitioner No. 2 through VC.
versus
THE STATE GOVT. OF NCT
OF DELHI AND ANR. ... Respondents
Through: Ms. Manjeet Arya, APP with SI
Hoshiyaar Singh, SI Narender
Arya, SI Sumit, PS-Budh Vihar.
Ms. Nauda Nandini, Ms.
Shivangi Sharma, Advocates.
Respondent No. 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. 68/2019, dated
07.03.2019, registered at P.S Budh Vihar, District Rohini, 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. 1and Respondent no. 2/complainant
was solemnized on 25.07.2015 as per Hindu Rites and ceremonies. No
child was born out of the said wedlock. However, on account of
temperamental differences Petitioner's son and Respondent No. 2
were living separately.
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 under
sections 498A/406/34 IPC against the petitioners.
4. During the pendancy of the proceedings, the parties have
amicably resolved their disputes before the Counselling Cell, Family
Courts, North/West, Rohini, New Delhi and the terms of the
compromise were reduced into writing in the form of a Settlement
dated 01.04.2024. In view of the aforesaid settlement, petitioner no. 1
and respondent no. 2 have obtained divorce on 04.09.2024. It is
submitted that petitioner no. 1 has paid the entire settlement amount of
Rs. 80,000/- (Rupees Eighty Thousand only) to respondent no. 2 as
per the schedule in the settlement. Copy of the Settlement dated
01.04.2024 has been annexed as Annexure C.
5. Petitioner no. 1 and Respondent no. 2 are physically present
before the Court while Petitioner no. 2 has entered his appearance
through VC. They have been identified by their respective counsels as
well as by the SI Sumit, from PS Budh 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. 68/2019 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. 68/2019 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.
68/2019, dated 07.03.2019, registered at P.S Budh Vihar, District
Rohini, 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 19, 2025
SK
