Delhi High Court
Manoj And Ors vs State Of Nct Of Delhi And Anr on 25 September, 2025
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 25.09.2025
,,,,,,,,,,
+ CRL.M.C. 8323/2024
MANOJ & ORS. .....Petitioners
Through: Mr. Sarthak Gupta, Mr. Anshul
Gupta, Advs. along with
petitioners in person.
versus
STATE OF NCT OF DELHI AND ANR. .....Respondents
Through: Ms. Manjeet Arya, APP with
WSI Rinki, PS KNK Marg.
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. 1049/2014, dated
22.11.2014, registered at P.S K.N. Katju Marg, Delhi under Sections
498A/406/34 IPC & Section 4 of Dowry Prohibition Act 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 06.02.2013 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 April, 2014.
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 course of proceedings, the parties amicably resolved
their disputes before Delhi Mediation Centre, Rohini Court, Delhi and
the terms of the compromise were reduced into writing in the form of
a Settlement/Agreement dated 26.11.2022. It is submitted that
petitioner no.1 and respondent no. 2 have obtained divorce on
24.07.2023 and petitioner no. 1 has paid the entire settlement amount
of Rs. 6,50,000/- (Rupees Six Lacs Fifty Thousand only) to
respondent no. 2 as per the schedule in the settlement. It is further
submitted that the custody of the child shall remain with respondent
no. 2 with visitation rights to petitioner no.1 as per convenience of
both the parties. Copy of the Settlement/Agreement dated 26.11.2022
has 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 WSI Rinki from PS KNK Marg.
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. 1049/2014 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. 1049/2014 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.
1049/2014, dated 22.11.2014, registered at P.S K.N. Katju Marg,
Delhi under section 498A/406/34 IPC & Section 4 of Dowry
Prohibition Act 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
