DHCLSC and Mr. Raj Kumar, Advs. (Through VC) along with the v. STATE OF NCT OF DELHI AND ANOTHERS

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2483/2025 DEEPAK KUMAR AND OTHERS .....Petitioners Through: Ms. Naiem Jahan Heena, DHCLSC and Mr. Raj Kumar, Advs. (Through VC) along with the petitioners in person versus STATE OF NCT OF DELHI AND ANOTHERS .....Respondents Through: Mr. Satish Kumar, APP for State with Ms. Puja Mann, Adv. with SI Gayatri Respondent no. 2 in person CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 17.09.2025 CRL.M.A. 11106/2025 1. Exemption allowed subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 2483/2025 3. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed on behalf of the petitioners praying for the quashing of FIR No. 0331/2021 registered at Police Station – Baba Haridas Nagar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 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 22/09/2025 at 12:01:39

4. The brief facts concerning the present dispute are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 02.12.2019, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. 5. Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no. 2 got FIR No. 0331/2021 registered. 6. However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 11.07.2022. The terms and conditions of the said settlement are mentioned in the Settlement Agreement dated 11.07.2022 which is annexed as “Annexure-3” to the petition. In pursuance to the said settlement, the parties have started living together. As per the Settlement, respondent no. 2 shall be entitled to a sum of Rs. 5000/- per month as pocket money, which shall be deposited in her account before the 15th of every month. 7. It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Agreement dated 11.07.2022. 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. 10. The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer, Police Station Baba Haridas 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 22/09/2025 at 12:01:39 Nagar, Delhi. Respondent no. 2 is also present in the Court and has been identified by the concerned Investigating Officer. 11. The instant criminal proceedings concern non-compoundable offences that are private in nature and do not have a serious impact on society, especially considering that there is a settlement/compromise between the victim and the 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 v. 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 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. v. 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 is satisfied that the nature of the offence does not impact the conscience of society, and that the compromise between the parties is voluntary and amicable. 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 22/09/2025 at 12:01:39

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 entirety of disputes with the petitioners amicably and of 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 entering into this compromise. Respondent no. 2 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 No. 0331/2021 registered at Police Station – Baba Haridas Nagar, Delhi for offences punishable under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioners. 17. The petition, along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J SEPTEMBER 17, 2025 gs/yr