Mr. Rajesh Sehrawat, Adv. along with the v. THE STATE OF NCT DELHI ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2127/2025 & CRL.M.A. 9569/2025 HEMANT GURANG & ORS. .....Petitioners Through: Mr. Rajesh Sehrawat, Adv. along with the petitioners in person. versus THE STATE OF NCT DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with SI Satbir Singh, PS Jaitpur CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 29.08.2025 1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC.”) [Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)] has been filed on behalf of the petitioners praying for quashing of FIR bearing no. 363/2022 registered at Police Station Jaitpur for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The brief facts of the case are that the marriage between petitioner no. 1 and respondent no.2 got solemnized on 28.11.2017 at Delhi, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, they started living separately soon thereafter. One child was born from this wedlock. 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 03/09/2025 at 11:58:30

3. Despite efforts at reconciliation, both the parties could not settle their differences pursuant to which respondent no. 2 got FIR no. 363/2022 registered. 4. However, at this stage, with the intervention of family members and relatives, both the parties have entered into a 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 vide decree dated 08.09.2023, the parties have dissolved their marriage. 5. Learned counsel appearing on behalf of the petitioners submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewelries, gift items and claims of past, present and future maintenance and permanent alimony with the petitioners for a sum of ₹2,50,000/-, and all disputes of any nature whatsoever. 6. It is stated by the learned counsel for the respondent no. 2 that the entire amount of Rs.2,50,000/- has been received by her in terms of the settlement discussed and she has no objection in quashing of the FIR in question. 7. It is, thus, prayed that the instant FIR be quashed on the basis of the settlement arrived at between the parties. 8. Learned APP for the State who appears on advance notice, accepts notice, and submits that there is no opposition to the prayer made on behalf of the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 9. Heard learned counsel for the parties and perused the record. 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 03/09/2025 at 11:58:30

10. The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer, Police Station Jaitpur. Respondent no. 2 is also present in and has been identified by her counsel and the Investigating Officer. 11. The instant criminal proceedings concern non-compoundable offences which are private in nature and do not have a serious impact on society, especially considering that there is a settlement/compromise arrived at 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 petitioner or any person related to him. 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 do not have a serious impact on society. 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 when the Court is satisfied that the nature of the offence does not impact the 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 03/09/2025 at 11:58:30 conscience of society and that the compromise between the parties is voluntary and amicable. 15. In the present case, the complainant/respondent no. 2 is present in Court and has categorically stated that she has entered into compromise and settled the entire disputes amicably with the petitioners by her own free will without any pressure or coercion. There is also no allegation from respondent no.2 that the conduct and antecedents of petitioners have been bad towards her after the compromise. As per the settlement, the respondent no. 2 has received the entire settled amount. Further, she submits that she has no objection to the present FIR being quashed. 16. 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. 363/2022 registered at Police Station Jaitpur for the offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom stands quashed. 17. It is made clear that the child born out of the wedlock shall be entitled to assert his/her rights upon attaining the age of majority in accordance with the law. 18. The petition along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J AUGUST 29, 2025 Sk/av