Mr. Kashifur Rehman, Mr. Jibran and Mr. Sahab E Alam, Advs v. STATE NCT OF DELHI ANR

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5868/2025 & CRL.M.A. 25065/2025 YOGESH & ANR. .....Petitioners Through: Mr. Kashifur Rehman, Mr. Jibran and Mr. Sahab E Alam, Advs. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Raj Kumar, APP for State with SI Jasbir Malik, and SI Paramjeet, PS Ranhola. Ms. Kanchan and Ms. Meenakshi Kumari, Advs. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 25.08.2025 1. 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 quashing of FIR bearing No. 114/2016, registered at Police Station, Ranhola, West District, Delhi for the 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 23.05.2010 at Delhi, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. One child was born from the said 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 27/08/2025 at 12:45:44

3. Despite several efforts of reconciliation, both the parties could not settle their differences pursuant to which respondent no. 2 got FIR no. 114/2016 registered. 4. However, at this stage, with the intervention of family members and relatives, both the parties have entered into a settlement on 16.10.2024 before Counselling Cell, Family Courts, Delhi. The terms and conditions of the said settlement are mentioned in the settlement which is annexed as Annexure P-8 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, the second motion petition under Section 13B(2) of HMA was allowed on 06.06.2025 by the Court concerned. 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 ₹60,000/- and all disputes of any nature whatsoever, out of which the remaining amount of ₹10,000/- was agreed to be paid at the time of quashing of the FIR. 6. At this juncture, petitioner no. 1 has handed over a Demand Draft No. 000067 for the balance amount of ₹10,000/- in the name of respondent no. 2 today in the Court. The respondent no. 2 has verified the particulars of the Demand Draft to her satisfaction and stated them to be correct. 7. It is, thus, prayed that the instant FIR be quashed on the basis of settlement agreement dated 16.10.2024. 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 27/08/2025 at 12:45:44

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 Ranhola, District West. Respondent no. 2 is also present in the Court and has been identified by her counsel, and the Investigating Officer. 11. The instant criminal proceedings in respect of non-compoundable offences are private in nature and do not have a serious impact on 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 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 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 27/08/2025 at 12:45:44

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. 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 submitted 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. 114/2016, registered at Police Station, Ranhola, West District for the offences punishable under Sections 498A/406/34 of the IPC and all the consequential proceedings emanating therefrom are quashed. 17. It is made clear that the child born out of the wedlock shall be entitled to assert her rights upon attaining the age of majority in accordance with the law. 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 27/08/2025 at 12:45:44

18. The petition along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J AUGUST 25, 2025 Sk/yr