Delhi High Court
Nishchaiy Behl & Ors vs The State Of Nct Of Delhi & Anr on 25 September, 2025
$~106
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 25.09.2025
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+ CRL.M.C. 6918/2025 & CRL.M.A. 29081/2025 STAY
NISHCHAIY BEHL & ORS. .....Petitioners
Through: Mr. Vishesh Wadhwa, Ms.
Swadha Gupta, Mr. Jatin
Sharma, Ms. Shubhangi Singh,
Ms. Jasnoor Kaur Suri and Ms.
Tejasvi, Advs.
Petitioner no.1 and 2 in person.
Petitioners no. 3, 4 and 5 are
present through vc.
versus
THE STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Ms. Kiran Bairwa, APP for the
State with SI Komal Tomar,
P.S.Madhu Vihar.
Mr. Gurpratap Singh, 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 Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 82/2019, dated
24.04.2019, registered at P.S Madhu Vihar, 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 21.02.2018 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 13.09.2018.
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 forced
her to have unnatural sex. Charge sheet has since been filed under
sections 498A/406/354/377/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes and the terms of the compromise were reduced into
writing in the form of a Memorandum of Understanding dated
18.09.2023. It is submitted that petitioner no.1 and respondent no. 2
have obtained divorce on 28.05.2024 and petitioner no. 1 has paid the
entire settlement amount of Rs. 7,00,000/- (Rupees Seven Lacs only)
to respondent no. 2 as per the schedule in the settlement. Copy of the
Memorandum of Understanding dated 18.09.2023 has been annexed
as Annexure A2.
5. Petitioner nos. 1 and 2 and Respondent No. 2 are physically -
present before the Court while remaining petitioners have entered their
appearance through VC. They have been identified by their respective
counsels as well as by the Investigating Officer SI Komal Tomar, from
PS Madhu 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. 82/2019 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. 82/2019 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.
82/2019, dated 24.04.2019, registered at P.S Madhu Vihar, 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 25, 2025
SK
