Mr. Sanket Gupta, Adv v. GOVT OF NCT OF DELHI ANR
Case Details
Acts & Sections
Cited in this judgment
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6821/2025 KAPIL GARG .....Petitioner Through: Mr. Sanket Gupta, Adv. Petitioner in person. versus GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. SI Sonu Giri, PS Ambedkar Nagar Ms. Mansi Sharma and Ms. Akansha Khera, Advs. for R-2 along with R-2. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 18.11.2025 1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal Procedure, 1973) has been filed on behalf of the petitioner praying for the quashing of FIR No. 574/2019, registered at Police Station Ambedkar Nagar, for offences punishable under Sections 498A/406/506(I)/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The brief facts concerning the present dispute are that the marriage between the petitioner and respondent no. 2 was solemnized on 19.02.2001, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. 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 01/12/2025 at 12:22:49
3. Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no. 2 got FIR No. 574/2019 registered. 4. However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 02.09.2025 before the Delhi High Court Mediation and Conciliation Centre, Delhi High Court, Sher Shah Road, New Delhi. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as “Annexure E” to the petition. In pursuance of the said settlement, the parties have jointly agreed to seek modification of the ex parte divorce decree dated 08.06.2023 passed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 in case bearing HMA 119/2022. 5. It has been informed by learned counsel for the petitioner that the Criminal Revision No. 284/2024 pending before the learned ASJ-02, South, Saket Courts, New Delhi has been disposed of as withdrawn and not pressed vide order dated 03.09.2025. Additionally, the pending MAT.APP.(F.C.) 218/2025 before this Court was also disposed of in view of the Settlement Deed dated 02.09.2025. 6. Learned counsel appearing on behalf of the petitioner submitted that respondent no. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewelleries, gift items and claims of past, present and future maintenance and permanent alimony with the petitioner and all disputes of any nature whatsoever. 7. It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Deed dated 02.09.2025. 8. Learned APP for the State, who appears on advance notice, accepts 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 01/12/2025 at 12:22:49 notice and submits that there is no opposition to the prayer made on behalf of the petitioner 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 petitioner is present before this Court and has been identified by his counsel and the Investigating Officer, Police Station Ambedkar Nagar. Respondent no. 2 is also present in the Court and has been identified by her counsel and 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 petitioner or any person related to him. 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 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 01/12/2025 at 12:22:49 568, 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. 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 petitioner 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 petitioner have been bad towards her after entering into this compromise. 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 No. 574/2019, registered at Police Station Ambedkar Nagar, for offences punishable under Sections 498A/406/506(I)/34 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioner. 17. Children from the wedlock, if any, are free to assert their rights in accordance with law. 18. The petition, along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J NOVEMBER 18, 2025/AS/yr
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6821/2025 KAPIL GARG .....Petitioner Through: Mr. Sanket Gupta, Adv. Petitioner in person. versus GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. SI Sonu Giri, PS Ambedkar Nagar Ms. Mansi Sharma and Ms. Akansha Khera, Advs. for R-2 along with R-2. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 18.11.2025 1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal Procedure, 1973) has been filed on behalf of the petitioner praying for the quashing of FIR No. 574/2019, registered at Police Station Ambedkar Nagar, for offences punishable under Sections 498A/406/506(I)/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The brief facts concerning the present dispute are that the marriage between the petitioner and respondent no. 2 was solemnized on 19.02.2001, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. 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 01/12/2025 at 12:22:49
3. Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no. 2 got FIR No. 574/2019 registered. 4. However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 02.09.2025 before the Delhi High Court Mediation and Conciliation Centre, Delhi High Court, Sher Shah Road, New Delhi. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as “Annexure E” to the petition. In pursuance of the said settlement, the parties have jointly agreed to seek modification of the ex parte divorce decree dated 08.06.2023 passed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 in case bearing HMA 119/2022. 5. It has been informed by learned counsel for the petitioner that the Criminal Revision No. 284/2024 pending before the learned ASJ-02, South, Saket Courts, New Delhi has been disposed of as withdrawn and not pressed vide order dated 03.09.2025. Additionally, the pending MAT.APP.(F.C.) 218/2025 before this Court was also disposed of in view of the Settlement Deed dated 02.09.2025. 6. Learned counsel appearing on behalf of the petitioner submitted that respondent no. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewelleries, gift items and claims of past, present and future maintenance and permanent alimony with the petitioner and all disputes of any nature whatsoever. 7. It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Deed dated 02.09.2025. 8. Learned APP for the State, who appears on advance notice, accepts 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 01/12/2025 at 12:22:49 notice and submits that there is no opposition to the prayer made on behalf of the petitioner 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 petitioner is present before this Court and has been identified by his counsel and the Investigating Officer, Police Station Ambedkar Nagar. Respondent no. 2 is also present in the Court and has been identified by her counsel and 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 petitioner or any person related to him. 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 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 01/12/2025 at 12:22:49 568, 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. 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 petitioner 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 petitioner have been bad towards her after entering into this compromise. 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 No. 574/2019, registered at Police Station Ambedkar Nagar, for offences punishable under Sections 498A/406/506(I)/34 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioner. 17. Children from the wedlock, if any, are free to assert their rights in accordance with law. 18. The petition, along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J NOVEMBER 18, 2025/AS/yr