Senior Counsel with Mr. Aditya Kaushik, Ms. Supriya Sharma and Md. Suhail, Advs v. STATE

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 4841/2025 & CRL.M.A. 20966/2025 VIKRANT KUMAR AND ORS .....Petitioners Through: Mr. Shekher Kaushik, Senior Counsel with Mr. Aditya Kaushik, Ms. Supriya Sharma and Md. Suhail, Advs. versus STATE (GNCT OF DELHI) AND ANR .....Respondents Through: Mr. Satish Kumar, APP for the State with SI Sandeep, PS Harsh Vihar. CORAM:HON'BLE MR. JUSTICE AJAY DIGPAULO R D E R% 22.07.20251.The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”)] has been filed on behalf of the petitioners praying for quashing of FIR No. 22/2018, dated 08.01.2018, registered at Police Station – Harsh Vihar, New Delhi, for the offences punishable under Sections 498A/506/34 of the Indian Penal Code, 1860 (hereinafter “IPC”) and Section 4 of the DP Act. 2.The brief facts of the case are that the marriage between petitioner no. 1 and respondent no.2 got solemnized in the year 2011 at Delhi, according to Hindu rites and ceremonies. However, due to differences between them, shortly after their marriage, they started living separately. They are 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 25/07/2025 at 12:00:52 succeeded by one daughter. Petitioners no. 2 to 5 are the family members of the petitioner no. 1. 3.Despite several efforts of reconciliation, both the parties could not settle their differences pursuant to which respondent no. 2 filed a criminal complaint against the petitioners which was converted into FIR no. 22/2018. 4.However, at this stage, with the intervention of family members and relatives, both the parties have entered intoa settlement vide settlement deed dated on 08.01.2025before the Principal Judge, Family Court (South-East), Saket, New Delhi. 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 03.06.2025 was passed by the Court concerned. 5.Further, in terms of the said settlement, it has been agreed among the parties that the petitioner no. 1 shall pay a sum of Rs. 13,50,000/- to the respondent no. 2 as full and final settlement against all her claims including maintenance (past, present and future), permanent alimony, stridhan, including the execution amount. Of this, Rs. 3,00,000 is to be paid at the time of first motion statement, after which Rs 3,50,000 is to be paid in favour of their child. Thereafter, Rs 5,00,000 is to be paid at the time of quashing the FIR. 6.At this juncture, petitioner no. 1 has handed over a Demand Draft bearing No. 367579 for the balance amount of Rs.5,00,000/- dated 21.07.2025 in the name of respondent no.2 today in the Court. 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 25/07/2025 at 12:00:52 respondent no.2 has verified the particulars of the Demand Draft to her satisfaction and stated them to be correct. The copy of the said Demand Draft is handed over by the learned counsel appearing on behalf petitioners during the course of the arguments, which is taken on record. 7.It is, thus, prayed that the instant FIR be quashed on the basis of settlement dated 08.01.2025. 8.Learned APP for the State submitted 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 IO, Police Station Harsh Vihar, New Delhi. Respondent no.2 is also present in the Court and has been identified by her counsel and the IO. 11.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. 12.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. 13.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 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 25/07/2025 at 12:00:52 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. 14.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. 15.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. 16.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, her affidavit, stating no objection to the instant FIR being quashed, is also on 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 25/07/2025 at 12:00:52

17.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. 22/2018, dated 08.01.2018, registered at Police Station - Harsh Vihar, New Delhi, for the offences punishable under Sections 498A/506/34 of the IPC and Section 4 of the DP Act and all the consequential proceedings emanating therefrom are quashed. 18.The petition, along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, JJULY 22, 2025sk