Mr. Om Prakash, Adv v. THE STATE OF NCT OF DELHI ANR

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1134/2025 & CRL.M.A. 5103/2025 MEENA KHATOON .....Petitioner Through: Mr. Om Prakash, Adv. Petitioner in person. versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. SI Ram Singh, PS Shahbad Dairy Respondent no.2 in person. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 12.12.2025 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 petitioner praying for the quashing of FIR No.108/2020, registered at Police Station – Shahbad Dairy, for offences punishable under Sections 307 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The allegations, as set out in the FIR state that on the intervening night of 22/23.032020, a matrimonial dispute arose between the complainant (husband) and the petitioner (wife) at their residence. It is alleged that following a quarrel over household issues and a mobile charger, the petitioner became aggressive, threatened to kill the complainant, and allegedly picked up a kitchen/vegetable knife and stabbed him in the chest 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 19/12/2025 at 13:10:54 with the intention to cause his death. As a result of the alleged assault, the complainant sustained stab injuries and was taken by a neighbour to Dr. B.S.A. Hospital for treatment, where the police recorded his statement, leading to the registration of the present FIR against the petitioner for the offence of attempt to murder. 3. Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no.2 got FIR No.108/2020 registered. 4. However, at this stage, with the intervention of family members and relatives, both the parties have entered into a settlement dated 30.01.2025 and a Compromise Deed was executed between the parties. The terms and conditions of the said settlement are mentioned in the Compromise Deed which is annexed to the petition. In pursuance of the said settlement, the parties have jointly agreed to withdraw the pending litigation and that they shall now live in peace, and will make attempts to live a peaceful life. 5. It is, thus, prayed that the instant FIR be quashed on the basis of Compromise Deed. 6. Heard. Issue notice. 7. 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 petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 8. Heard learned counsel for the parties and perused the record. 9. The petitioner is present before this Court and has been identified by her counsel and the Investigating Officer, Police Station – Shahbad Dairy. Respondent no.2 is also present in the Court and has been identified by his 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 19/12/2025 at 13:10:54 counsel and the concerned Investigating Officer. 10. 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. 11. 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 his own free will and has not been imposed upon him by the petitioner or any person related to her. 12. 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. 13. 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 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. 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 19/12/2025 at 13:10:54

14. In the present case, the complainant/respondent no.2 is present in Court and has categorically stated that he has entered into compromise and settled the entirety of disputes with the petitioner amicably and of his 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 him after entering into this compromise. Further, he submits that he has no objection to the present FIR being quashed as he is now moving on with his life and focusing on his matrimonial life. 15. Keeping in view that the parties are married, the dispute arose out of a matrimonial discord, the parties are moving forward in their matrimonial life, and in consideration of the settlement arrived at between the parties and the law laid down by the Hon’ble Supreme Court, the present petition is allowed. 16. Accordingly, FIR No.108/2020, registered at Police Station – Shahbad Dairy, for offences punishable under Sections 307 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioner. 17. The petition, along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J DECEMBER 12, 2025/AS/ryp

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1134/2025 & CRL.M.A. 5103/2025 MEENA KHATOON .....Petitioner Through: Mr. Om Prakash, Adv. Petitioner in person. versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. SI Ram Singh, PS Shahbad Dairy Respondent no.2 in person. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 12.12.2025 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 petitioner praying for the quashing of FIR No.108/2020, registered at Police Station – Shahbad Dairy, for offences punishable under Sections 307 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The allegations, as set out in the FIR state that on the intervening night of 22/23.032020, a matrimonial dispute arose between the complainant (husband) and the petitioner (wife) at their residence. It is alleged that following a quarrel over household issues and a mobile charger, the petitioner became aggressive, threatened to kill the complainant, and allegedly picked up a kitchen/vegetable knife and stabbed him in the chest 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 19/12/2025 at 13:10:54 with the intention to cause his death. As a result of the alleged assault, the complainant sustained stab injuries and was taken by a neighbour to Dr. B.S.A. Hospital for treatment, where the police recorded his statement, leading to the registration of the present FIR against the petitioner for the offence of attempt to murder. 3. Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no.2 got FIR No.108/2020 registered. 4. However, at this stage, with the intervention of family members and relatives, both the parties have entered into a settlement dated 30.01.2025 and a Compromise Deed was executed between the parties. The terms and conditions of the said settlement are mentioned in the Compromise Deed which is annexed to the petition. In pursuance of the said settlement, the parties have jointly agreed to withdraw the pending litigation and that they shall now live in peace, and will make attempts to live a peaceful life. 5. It is, thus, prayed that the instant FIR be quashed on the basis of Compromise Deed. 6. Heard. Issue notice. 7. 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 petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 8. Heard learned counsel for the parties and perused the record. 9. The petitioner is present before this Court and has been identified by her counsel and the Investigating Officer, Police Station – Shahbad Dairy. Respondent no.2 is also present in the Court and has been identified by his 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 19/12/2025 at 13:10:54 counsel and the concerned Investigating Officer. 10. 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. 11. 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 his own free will and has not been imposed upon him by the petitioner or any person related to her. 12. 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. 13. 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 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. 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 19/12/2025 at 13:10:54

14. In the present case, the complainant/respondent no.2 is present in Court and has categorically stated that he has entered into compromise and settled the entirety of disputes with the petitioner amicably and of his 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 him after entering into this compromise. Further, he submits that he has no objection to the present FIR being quashed as he is now moving on with his life and focusing on his matrimonial life. 15. Keeping in view that the parties are married, the dispute arose out of a matrimonial discord, the parties are moving forward in their matrimonial life, and in consideration of the settlement arrived at between the parties and the law laid down by the Hon’ble Supreme Court, the present petition is allowed. 16. Accordingly, FIR No.108/2020, registered at Police Station – Shahbad Dairy, for offences punishable under Sections 307 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioner. 17. The petition, along-with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J DECEMBER 12, 2025/AS/ryp