Gulfam & Ors. Vs State of NCT of Delhi & Anr.

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$~94

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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% Date of decision: 16.10.2025

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- W.P.(CRL) 3413/2025 GULFAM & ORS. ....Petitioners

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Through: Mr. Shahruk Khan, Advocate. Petitioner Nos. 1 to 3 in person.

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versus

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STATE OF NCT OF DELHI & ANR. … Respondents Through: Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar Arya, Mr. Aryan Sachdeva, Advocates with SI Shaily Jain, PS-Dayalpur. Mr. Rizwan Ahmad, Advocate for R-2. R-2 in person.

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL)

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RAVINDER DUDEJA, J.

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This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0393/2022, dated 09.07.2022, registered at P.S Dayal Pur, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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W.P. (CRL) 3413/2025 Page 1 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 6.10.2025 18:40:55

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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 16.05.2016 as per Muslim Rites and ceremonies at New 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 17.02.2020.

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As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the Petitioners. FIR No. 0393/2022 was lodged at the instance of Respondent No. 2 at PS Dayal Pur under sections 498A/406/34 IPC against the Petitioners.

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During the course of proceedings, the parties amicably resolved their disputes and the terms of settlement were written in the form of a Memorandum of Understanding cum Settlement Agreement dated 11.02.2025. It is submitted that marriage between petitioner No. 1 and respondent No. 2 has been dissolved as per Muslim Rites and Customs [Shariat] (Annexure 5) and the Petitioner no. 1 has paid the entire settlement amount of Rs. 2,10,000/- (Rupees Two Lac Ten Thousand only) to respondent no. 2 as per the schedule in the settlement. Copy of the Settlement Agreement dated 11.02.2025 has been annexed as Annexure 3.

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Petitioner Nos. 1 to 3 and respondent No. 2 are physically present before the Court. They have been identified by their respective

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W.P. (CRL) 3413/2025 Page 2 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 6.10.2025 18:40:55

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counsels as well as by the Investigating Officer SI Shaily Jain, from PS Dayal Pur.

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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 along and has no objection if the FIR No. 0393/2022 is quashed against the Petitioners.

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In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0393/2022 is quashed.

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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 .

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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

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W.P. (CRL) 3413/2025 Page 3 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 6.10.2025 18:40:55

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if the parties have reached an amicable settlement. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC .

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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.

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In the interest of justice, the petition is allowed, and the FIR No. 0393/2022 dated 09.07.2022, registered at P.S Dayal Pur, Delhi under section 498A/406/34 IPC and all the other consequential proceedings emanating therefrom is hereby quashed.

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Petition is allowed and disposed of accordingly.

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

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RAVINDER DUDEJA, J October 16, 2025 MA

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W.P. (CRL) 3413/2025 Page 4 of 4

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Signature Not Verified

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Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 6.10.2025 18:40:55

Gulfam & Ors. v. State of NCT of Delhi & Anr.

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