Mr. Prakhar Gupta, Adv v. THE STATE

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 6708/2025 & CRL.M.A. 28242/2025 MOHD LAL AND ORS .....Petitioners Through: Mr. Prakhar Gupta, Adv. Petitioners in person. versus THE STATE (NCT OF DELHI) THROUGH SHO OF P.S. PUNJABI BAGH DELHI AND ANOTHER .....Respondents Through: Ms. Meenakshi Dahiya, APP for State W/ASI Nimmo, main IO SI Sandeep Kumar, PS Punjabi Bagh Respondent no.2 in person. CORAM:HON'BLE MR. JUSTICE AJAY DIGPAULO R D E R% 19.09.20251.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 bearing no.226/2022, registered at Police Station – Punjabi Bagh, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2.The brief facts concerning the present dispute are that the marriage between petitioner no.2 and respondent no.2 was solemnized on 04.06.2016, according to Muslim rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they 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 26/09/2025 at 11:40:53 started living separately. 3.Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no.2 got FIR no.0226/2022 registered. 4.However, at this stage, with the intervention of family members and relatives, the parties have now entered into a settlement on 28.05.2025. The terms and conditions of the said settlement are mentioned in the Memorandum of Understanding (Hereinafter “MoU”) which is annexed as “Annexure-E” to the petition. In terms of the said MoU, petitioner no.2 pronounced divorce/Talaq to respondent no.2 – first talaq on 08.08.2021, second talaq on 09.09.2021 and third talaq on 07.10.2021 and respondent no.2 had accepted the same. 5.Learned counsel appearing on behalf of the petitioners submitted that respondent no.2 has settled all her disputes of any nature whatsoever with the petitioners for a sum of ₹ 5,00,000/-, out of which a remaining amount of ₹3,50,000/- was agreed to be paid at the time of quashing of the FIR. 6.At this juncture, a Demand Draft bearing No.280908 dated 17.09.2025 for the balance amount of ₹3,50,000/- in the name of respondent no.2 has been handed over today in the Court to respondent no. 2. 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 MoU dated 28.05.2025. 8.Heard. Issue notice. 9.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 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 26/09/2025 at 11:40:53 of the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 10.Heard learned counsel for the parties and perused the record. 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 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 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, 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 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 26/09/2025 at 11:40:53 parties is voluntary and amicable. 15.The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer, Police Station – Punjabi Bagh. Respondent no. 2 is also present in the Court and has been identified by her counsel and the concerned Investigating Officer. 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 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. As per the MoU, respondent no.2 has received the entire settled amount. Further, she submits that she has no objection to the present FIR being quashed as she does not wish to pursue the instant case any further. 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 no.0226/2022, registered at Police Station – Punjabi Bagh, for the offences punishable under Sections 498A/406/34 of the IPC, and all the consequential proceedings emanating therefrom stand quashed qua the present petitioners. 18.Children from the wedlock, if any, are free to assert their rights in accordance with law. 19.The petition, along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, JSEPTEMBER 19, 2025/ar/ryp