Delhi High Court
Jitender Kumar & Ors vs State Nct Of Delhi And Anr on 24 September, 2025
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24.09.2025
,,,,,,,,,,
+ CRL.M.C. 4081/2025 & & CRL.M.A. 17690/2025
EXEMPTION FROM FILING CERTIFIED COPIES ETC.
JITENDER KUMAR & ORS. .....Petitioners
Through: Mr. Ikrant Sharma, Ms. Ira
Arora, Ms. Maauri, Advs. along
with petitioners in person.
versus
STATE NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Tarang Srivastav, APP with
WSI Priyanka, PS-SP Badli.
Mr. Tara Singh Bisht, Mr.
Deeptanshu Singh Bisht, Mr.
Saurabh Kumar & Mr. Lalit,
Advocates 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 Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 707/2022, dated
03.10.2022, registered at P.S Samaipur Badli, 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 15.02.2021 as per Hindu Rites and ceremonies.
One 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 09.06.2022.
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 & section 3/4 of The Dowry Prohibition
Act, 1961.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Counseling Cell, Family Court, North
District, Rohini, Delhi and the terms of the compromise were reduced
into writing in the form of a Settlement dated 16.08.024. It is
submitted that petitioner no. 1 and respondent no. 2 have dissolved
their marriage on 08.05.2025 and petitioner no. 1 has paid the entire
settlement amount of Rs. 12,00,000/- (Rupees Twelve Lacs only) to
respondent no. 2 as per the schedule in the settlement. It is further
submitted that the custody of the child shall be with respondent no. 2
with no visitation rights to petitioner no. 1. Copy of the Settlement
dated 16.08.2024 has been annexed as Annexure - C.
5. Both Parties except petitioner no. 7 are physically present
before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer WSI Priyanka, from
PS Samaipur Badli.
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. 707/2022 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. 707/2022 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.
707/2022, dated 03.10.2022, registered at P.S Samaipur Badli, Delhi
under section 498A/406/34 IPCand 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 24, 2025
SK
