Allowed

Mukesh Kumar & Anr. v. State NCT of Delhi & Anr.

Delhi HC8 Sept 2025CRL.M.C./3589/2025

Case brief

AI extract

What is this about?

Delhi High Court allowed a quashing petition under Section 528 BNSS (earlier Section 482 CrPC). The Court quashed an FIR registered under IPC Sections 498A/406/34 after confirming a voluntary settlement between parties, a divorce decree, and full payment of dues.

What did the court decide?

FIR no. 97/2016 and all consequential proceedings were quashed; petition disposed of.

Mukesh Kumar & Anr. Vs State NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2025)

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$~23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3589/2025

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MUKESH KUMAR & ANR. .....Petitioners

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Through: Mr. Surya Kant Pandey, Adv.

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versus

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STATE NCT OF DELHI & ANR. .....Respondents

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Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. along with SI Rajesh, SI Arvind, PS Palam Village. Mr. Ankur Chaudhary Adv. for R-2

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CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R % 08.09.2025

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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 petitioners praying for the quashing of FIR no. 97/2016, registered at Police Station Palam Village, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).

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2. The brief facts concerning the present dispute are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 29.01.2005, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. One female child was born from the said wedlock.

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This is a digitally signed order.

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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 11/09/2025 at 12:30:18

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3. Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no. 2 got FIR no. 97/2016 registered.

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4. However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 15.02.2024 before the concerned Mediation Centre, Dwarka Courts. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as “Annexure B” to the petition. In pursuance of the said settlement, the parties have jointly agreed that they shall move for divorce under Section 13B (1) and under Section 13B (2) of the Hindu Marriage Act, 1955 (hereinafter “HMA”) and accordingly, a divorce decree dated 29.08.2024 was passed by the Court concerned.

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5. Learned counsel appearing on behalf of the petitioners 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 petitioners and all disputes of any nature whatsoever for a sum of ₹9,50,000/-, out of which a remaining amount of ₹1,00,000/- was agreed to be paid at the time of quashing of the FIR.

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6. At this juncture, petitioner no. 1 has handed over a Demand Draft bearing No. 940607 dated 06.09.2025 for the balance amount of ₹1,00,000/in the name of respondent no. 2 today in the Court. Respondent no. 2 has verified the particulars of the Demand Draft to her satisfaction and stated them to be correct.

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7. It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Deed dated 15.02.2024.

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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 11/09/2025 at 12:30:18

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8. 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 petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

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9. Heard learned counsel for the parties and perused the record. 10. The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer, Police Station Palam Village. Respondent no. 2 is also present in the Court and has been identified by her counsel and the concerned Investigating Officer.

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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 petitioners or any person related to them. 13. In the case of State of Madhya Pradesh vs. 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 noncompoundable offences, when the matter arises out of matrimonial or family disputes. Moreover, it is pertinent to satisfy the Court that the said noncompoundable offences are private in nature and do not have a serious impact on society.

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This is a digitally signed order.

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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 11/09/2025 at 12:30:18

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14. Furthermore, it was observed by the Hon’ble Supreme Court in the case of Ramgopal and Ors. Vs. 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.

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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 petitioners 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 petitioners have been bad towards her after entering into this compromise. As per the Compromise Deed, respondent no. 2 has received the entire settled amount. Further, she submits that she has no objection to the present FIR being quashed.

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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 bearing no. 97/2016, registered at Police Station Palam Village, for offences punishable under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom stand quashed. 17. It is made clear that the child born out of the wedlock shall be entitled to assert her rights upon attaining the age of majority in accordance with the law.

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This is a digitally signed order.

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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 11/09/2025 at 12:30:18

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18. The petition, along-with pending application(s), if any, stands disposed of.

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AJAY DIGPAUL, J

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SEPTEMBER 8, 2025 Sk/av

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Mukesh Kumar & Anr. v. State NCT of Delhi & Anr.

Case brief

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Mukesh Kumar & Anr. v. State NCT of Delhi & Anr.

Case brief

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