Abhinav Batra & Ors. v. The State NCT of Delhi and Anr.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 205/2017, dated 15.07.2017, registered at P.S K.M. Pur, 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 08.02.2012 as per Hindu Rites and ceremonies at Delhi. 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 12.01.2021.

3. As per averments made in the FIR, Respondent No. 2 alleged that she was subjected to mental and physical harassment on account of dowry demands by petitioners. Chargesheet has since been filed under section 498A/406/34 IPC against the petitioners.

4. During the course of proceedings, the parties amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of a Settlement Deed dated 27.03.2025. Pursuant to the aforesaid settlement, petitioner no. 1 and respondent no. 2 have obtained divorce on 02.06.2025. It is submitted that Petitioner No. 1 has paid the total settlement amount of Rs. 1,20,00,000/- (Rupees One Crore Twenty Lacs Only) as per the schedule in settlement. It is further submitted that respondent no. 2 has removed her belongings from the matrimonial home (C-35, 2nd Floor, South Extension Part-I) as specified in the settlement and has handed over the keys of the shared household. Copy of the Settlement Deed dated 27.03.2025 has been annexed as Annexure A-2.

5. It is submitted that Petitioner no. 1 who is currently residing in Dubai, UAE has authorized Petitioner no. 3 as his Special Power of Attorney on his behalf, copy of the same has been annexed as Annexure A-3.

6. Petitioner nos. 2, 3 & 4 and Respondent no. 2 are physically present before the Court while Petitioner no. 1 has entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Kirandeep Kaur from PS K.M. Pur.

7. Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has received the total settlement amount and has no objection if the FIR No. 205/2017 is quashed against the Petitioners.

8. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 205/2017 is quashed.

9. Hon’ble Supreme Court has recognized the need of amicable settlement of disputes in Rangappa Javoor vs The State Of Karnataka And Another, Diary No. 33313/2019, 2023 LiveLaw (SC) 74, Jitendra Raghuvanshi & Ors. vs Babita Raghuvanshi & Anr., (2013) 4 SCC 58 & in Gian Singh vs State of Punjab (2012) 10 SCC

303.

10. 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. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC.

11. 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 above-mentioned FIR and the proceedings pursuant thereto.

12. In the interest of justice, the petition is allowed, and the FIR NO. 205/2017, dated 15.07.2017, registered at P.S K.M. Pur, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

13. Petition is allowed and disposed of accordingly.

14. Pending application(s), if any, also stand disposed of.