Mr. Sandeep Jain, Adv. with the v. THE STATE NCT OF DELHI AND ANR

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 6030/2025 & CRL.M.A. 25648/2025 AJAY SINGH KUTHI & ORS. .....Petitioners Through: Mr. Sandeep Jain, Adv. with the petitioners in person. versus THE STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with SI Gaurav Panwar. Mr. Vinod Pal, Mr. Anuj Jain, Ms. Akansha Rathore and Mr. P. Mishra, Advs. for R-2 along with R-2 in person. CORAM:HON'BLE MR. JUSTICE AJAY DIGPAULO R D E R% 28.08.20251.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. 498/2016, registered at Police Station Kalyanpuri for the offences punishable under Sections 498A/406//34 (Section 506 added in the chargesheet)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 27.04.2009 at Roorkee, Uttarakhand, according to Hindu rites and ceremonies. However, due to 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 01/09/2025 at 12:04:30 some temperamental differences between them, they started living separately in the year 2010. One female child was born from this wedlock. 3.Despite efforts at reconciliation, both the parties could not settle their differences pursuant to which respondent no. 2 got FIR no. 498/2016 registered. 4.However, at this stage, with the intervention of family members and relatives, both the parties have entered into a settlement dated 15.05.2025. The terms and conditions of the said settlement are mentioned in the settlement 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”). 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 ₹53,50,000/-, and all disputes of any nature whatsoever, out of which the remaining amount of ₹18,50,000/- 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 bearing No. 182345 for a sum of ₹5,00,000/- dated 28.08.2025 and an FD which has been created for a sum of ₹ 13,50,000/- in the name of respondent no.2’s daughter today in the Court. The respondent no. 2 has verified the particulars of the Demand Draft and FD to her satisfaction and stated them to be correct. 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 01/09/2025 at 12:04:30

7.It is, thus, prayed that the instant FIR be quashed on the basis of settlement agreement dated 15.05.2025. 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 Kalyanpuri. Respondent no. 2 is also present in through video conferencing and has been identified by her counsel and the Investigating Officer. 11.The instant criminal proceedings in respect of 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- 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 01/09/2025 at 12:04:30 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 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. 498/2016, registered at Police Station Kalyanpuri for the offences punishable under Sections 498A/406/34 of the IPC (and Section 506 as included in the chargesheet) and all consequential proceedings emanating therefrom stands quashed. 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 01/09/2025 at 12:04:30

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. 18.The petition along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, JAUGUST 28, 2025Sk/av