Allowed

Nitin v. the State Govt. of NCT of Delhi and Anr.

Delhi HC6 Nov 2025CRL.M.C./5370/2025

Case brief

AI extract

What is this about?

Husband sought quashing of an FIR under Sections 498A/406/34 IPC arising from matrimonial disputes after the parties reconciled and resumed cohabitation under a compromise. The complainant affirmed the compromise was voluntary. Relying on Supreme Court precedent permitting quashing of non-compoundable matrimonial offences, the Court quashed the FIR.

What the court decided

AI extract

Nitin Vs the State Govt. of NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2025)

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$~36

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5370/2025

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NITIN .....Petitioner

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Through: Mr. Gagan Sharma, Adv. Petitioner in person. versus

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THE STATE GOVT. OF NCT OF DELHI AND

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ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with Ms. Divya Bakshi, Adv. SI Sushil, PS Kapashera Mr. Deepanshu Aulluck, Adv. for R-2 along with R-2.

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CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R

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% 06.11.2025

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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 petitioner praying for the quashing of FIR bearing no. 219/2022, registered at Police Station – Kapashera, 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 the petitioner and respondent no. 2 was solemnized on 27.04.2017, according to Hindu rites and ceremonies. However, due to some

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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 14/11/2025 at 11:38:22

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temperamental differences between them, shortly after their marriage, they started living separately.

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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.219/2022 registered.

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4. However, at this stage, with the intervention of family members and relatives, both the parties have entered a compromise on 18.01.2024, whereby the petitioner and respondent no. 2 started to reside together as husband and wife since 18.01.2024. A Certificate of Compromise dated 15.07.2025 to that effect has been annexed with the petition.

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5. It is, thus, prayed that the instant FIR be quashed on the basis of settlement arrived at between the parties and the Certificate of Compromise dated 15.07.2025.

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6. 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.

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7. Heard learned counsel for the parties and perused the record.

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8. The petitioner is present before this Court and has been identified by his counsel and the Investigating Officer, Police Station – Kapashera. 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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9. 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.

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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 14/11/2025 at 11:38:22

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10. 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 petitioner or any person related to them.

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11. 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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12. 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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13. 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 petitioner 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 petitioner has been bad

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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 14/11/2025 at 11:38:22

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towards her after entering into this compromise. Further, she submits that she has no objection to the present FIR being quashed.

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14. 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.219/2022, registered at Police Station – Kapashera, for offences punishable under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioner.

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

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AJAY DIGPAUL, J

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NOVEMBER 6, 2025/ AS/dd

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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 14/11/2025 at 11:38:22

Nitin v. the State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What the court decided

Nitin v. the State Govt. of NCT of Delhi and Anr.

Case brief

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