Full Text
HIGH COURT OF DELHI
Date of Decision: 16.09.2025 ,,,,,,,,,, CRL.M.C. 6591/2025 & CRL.M.A. 27764/2025 (exemption)
GAURAV JAIN& ORS. .....Petitioners
Through: Mr. Manish Sindhwani and Mr. Babban Bhai, Adv.
Petitioner no.1 in person.
Petitioner nos. 2 and 3 through vc
Through: Ms. Kiran Bairwa, APP
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 198/2023, dated 07.02.2023, registered at P.S Keshav Puram, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. The factual matrix giving rise to the instant case is that the marriage between Petitioner No. 1 and Respondent no. 2/complainant was solemnized on 29.01.2021 as per Hindu rites and rituals at Uttar Pradesh. No child was born out of the said wedlock. However, on account of temperamental differences Petitioner No. 1 and Respondent No. 2 are living separately since 23.05.2022.
3. As per allegations made in the FIR, complainant, alleged that her petitioners subjected her to mental and physical harassment on account of dowry demands. FIR No. 0198/2023 was lodged by Respondent no. 2 at PS Keshav Puram under sections 498A/406/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 22.06.2024. In view of the aforesaid settlement, petitioner no. 1 and respondent no. 2 have obtained divorce on 04.01.2025. It is submitted that petitioner no. 2 has paid the total settlement of Rs. 7,50,000/- (Rupees Seven Lacs Fifty Thousand only) to respondent no. 2 as per schedule in the settlement. Copy of the Memorandum of Understanding dated 22.06.2024 has been annexed as Annexure P-2.
5. Petitioner nos. 1 and respondent no 2 are physically present before the Court while petitioner nos. 2 and 3 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Shivali and SI Harish Hooda from PS Keshav Puram.
6. Respondent no. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has received the entire settlement amount and has no objection if the FIR No. 198/2023 is quashed against the petitioners.
7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 198/2023 is quashed.
8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
9. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
10. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.
11. The petition is allowed, and the FIR No. 198/2023, dated 07.02.2023, registered at P.S Keshav Puram, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.
12. Petition is allowed and disposed of accordingly.
13. Pending application(s), if any, also stand disposed of.