Mr. Arun Mahajan, Adv. All v. THE STATE NCT OF DELHI THROUGH SHO P S AMAR COLONY NEW DELHI ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1675/2025 KARANDEEP SINGH & ORS. .....Petitioners Through: Mr. Arun Mahajan, Adv. All petitioners in person versus THE STATE NCT OF DELHI THROUGH SHO P S AMAR COLONY NEW DELHI & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with Insp. Yogesh Kumar, PS Govindpuri Mr. Vaibhav Chawla, Adv. with Mr. Rishi Kumar Rai GPA holder of R2 R-2 alongwith her father in person CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 06.08.2025 1. The present petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (Hereinafter “BNSS”) (earlier Section 482 of the Code of Criminal Procedure (Hereinafter “CrPC”) seeking quashing of FIR No. 169/2021 dated 13.04.2021 under Sections 498A/406/34 of the Indian Penal Code (Hereinafter “IPC”) registered at Police Station Amar Colony and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2. The petitioner no.1 (former husband), as well as, petitioner nos. 2 to 4, who are close relatives of the petitioner no.1 and respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 12:34:57

3. The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 21.04.2017 according to Hindu Rites and Customs. No child was born out of the said wedlock. 4. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. Thereafter, respondent no. 2 filed a Complaint Case No. 410/2021 before the learned MM, Mahila Court-02, South District, Saket Courts, New Delhi. A separate complaint was also filed by respondent no. 2 against petitioner nos. 1 to 4, which was later converted into FIR 169/2021. 5. During the pendency of the proceedings, both the parties have entered into a settlement on 26.10.2024. The terms and conditions of the said settlement are mentioned in the settlement deed which is annexed as Annexure P-3 to the petition. In pursuance of the said settlement, the parties have jointly agreed that they shall move for divorce under Section 13B (1) and under Section 13B (2) of the Hindu Marriage Act, 1955 (hereinafter “HMA”) and accordingly, a divorce decree dated 29.11.2024 was passed by Judge, Family Court-01, South, Saket, New Delhi. 6. In pursuance of the said settlement, it has been agreed among the parties that petitioner no. 1 has settled against all her claims including maintenance (past, present and future), permanent alimony, stridhan, including the execution amount. 7. Heard learned counsel for the parties and perused the record. 8. The petitioners are present before this Court and have been identified by his counsel and the Investigating Officer, Police Station Amar Colony, Delhi. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 12:34:57

9. On the query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Parties also undertook that they shall abide by all the terms and conditions of the settlement arrived at between the parties. Further, her affidavit, stating no objection to the instant FIR being quashed, is also on record. 10. Learned APP submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 11. The instant criminal proceedings in respect of non-compoundable offences are private in nature and do not have a serious impact on the society especially when there is a settlement/compromise between victim and accused. 12. In such cases, it is settled law that High Court is also required to consider the conduct and antecedents of the accused in order to ascertain that the settlement has been entered into by her own free will and has not been imposed upon her by the petitioners or any person related to them. 13. In the case of State of Madhya Pradesh vs. Laxmi Narayan and Ors., (2019) 5 SCC 688, the Hon’ble Supreme Court held that the powers conferred under Section 482 of the CrPC/Section 528 of the BNSS, can be exercised by the Courts to quash the criminal proceedings featuring non-compoundable offences, when the matter arises out of matrimonial or family disputes. Moreover, it is pertinent to satisfy the Court that the said non-compoundable offences are private in nature and does not have a serious impact on the society. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 12:34:57

14. Furthermore, it was observed by the Hon’ble Supreme Court in the case of Ramgopal and Ors. Vs. The State of Madhya Pradesh, 2021 INSC 568, that the extraordinary power enjoined upon the High Courts under Section 482 of the CrPC/Section 528 of the BNSS can be invoked even when such a case falls within the ambit of non-compoundable offences given that the Court must be satisfied that the nature of the offence does not impact the conscious of the society and that the compromise between the parties is voluntary and amicable. 15. Therefore, in view of the settlement arrived at between the parties and the law laid down by the Hon’ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing No. 169/2021, dated 13.04.2021, registered at Police Station – Amar Colony, Delhi, for the offences punishable under Sections 498A/406/34 of the IPC and all the consequential proceedings emanating therefrom are quashed. 16. The petition along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J AUGUST 6, 2025/ar/dd