Abdul Mogni and Ors. Vs the State of NCT of Delhi and Anr.

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6175/2025 & CRL.M.A. 26186/2025

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ABDUL MOGNI AND ORS .....Petitioners

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Through: Mr. Shivanand Thakur, Advocate for the Petitioner along with the Petitioner No. 1 in person.

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versus THE STATE OF NCT OF DELHI AND ANR. ....Respondents Through: Mr. Rajkumar, APP for the State along with SI Akashdeep, PS Sadar Bazar. Ms. Surekha, Advocate for Respondent No. 2 along with Respondent No. 2 in person.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 02.09.2025

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The present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023¹ (corresponding to Section 482 of the Code of Criminal Procedure, 1973² ) seeks quashing of FIR No. 40/2019 dated 1^st February, 2019, registered under Sections 498A/406/34 of the Indian Penal Code, 1860³ at P.S. Sadar Bazar, and all other proceedings emanating therefrom.

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Petitioner No. 1 is the husband of Respondent No. 2. Petitioners No. 2 to 6 are the in-laws of Respondent No. 2. The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 14^th April, 2016 as per

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1 “BNSS”

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2 “CrPC”

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3 “IPC”

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CRL.M.C. 6175/2025 Page 1 of 6

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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 09/09/2025 at 12:08:03

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Muslim rites and customs. The parties have no child from the said marriage. Due to matrimonial discord and differences, the relationship between the parties deteriorated and parties started living separately.

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Subsequently, Respondent No. 2 made a complaint against Petitioners, alleging that she was subjected to cruelty by them, which later culminated into the impugned FIR. 4. The present petition is filed on the ground that the matter is amicably settled between the parties on their own free will, without any coercion, pressure or undue influence have amicably resolved all their disputes and differences before the Principal Counsellor, Central District, Tis Hazari Courts, Delhi and Petitioner No. 1 and Respondent No. 2 have executed a Settlement Deed dated 30^th August, 2024. As per the terms of the settlement, Respondent No. 2 has agreed to withdraw all proceedings pending before various Courts. Pursuant to the settlement, Petitioner No. 1 and Respondent No.2 have decided to dissolve their nikah (marriage) in accordance with Shariat Law and, to this effect, they have entered into a Talaq-eMubarat/Mutual Divorce Deed dated 3^rd September, 2024. 5. In terms of the settlement, Petitioner No. 1 had agreed to pay a total sum of INR 4,50,000/- to Respondent No. 2. Of the said amount, a sum of INR 50,000/- has been paid to Respondent No. 2 at the time of signing of the Settlement Deed. Further sums of INR 1,00,000/- each were paid by Petitioner No. 1 to Respondent No. 2 before the Family Court on 3^rd September, 2024, and 18^th September, 2024, respectively. The balance amount of INR 2,00,000/- was agreed to be paid to Respondent No. 2 at the time of quashing of the impugned FIR. In this regard, the Petitioners have paid the balance amount of INR 2,00,000/- by way of two demand drafts,

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CRL.M.C. 6175/2025 Page 2 of 6

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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 09/09/2025 at 12:08:03

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bearing DD Nos. ‘631386’ and ‘631387’, drawn on IDFC First Bank dated 30^th August, 2025. The same has been duly received and acknowledged by Respondent No. 2.

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Respondent No. 2, who is present before the Court in person and duly identified by the Investigating Officer, states that she has no objections to the quashing of the FIR. To this effect, an Affidavit/No Objection Certificate has also been placed on record. The Petitioners are also present before the Court and are duly identified by the Investigating Officer, and, in light of the above, jointly request for quashing of the impugned FIR.

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The Court has considered the afore-noted facts and submissions of the parties. Notably, the offence under Section 498A of IPC is noncompoundable, while the offence under Section 406 of IPC is compoundable in certain cases.

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It is well-established that the High Courts, in exercise of their powers under Section 528 of BNSS (corresponding to Section 482 of CrPC), can compound offences which are non-compoundable on the ground that there is a compromise between the accused and the complainant. In Narinder Singh & Ors. v. State of Punjab & Anr. ,⁴ the Supreme Court laid down guidelines for High Courts while accepting settlement deeds between parties and quashing the proceedings. The relevant observations in the said decision read as under:

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“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

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4 (2014) 6 SCC 466

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CRL.M.C. 6175/2025 Page 3 of 6

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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 09/09/2025 at 12:08:03

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29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

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29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:

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(i) ends of justice, or

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(ii) to prevent abuse of the process of any court.

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While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

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29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.

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29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

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29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”

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[Emphasis Supplied]

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9 . Similarly, in the case of Parbatbhai Aahir & Ors. v. State of Gujarat & Anr. ,⁵ the Supreme Court had observed as under:

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5 (2017) 9 SCC 641

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CRL.M.C. 6175/2025 Page 4 of 6

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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 09/09/2025 at 12:08:03

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“16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:

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16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court.

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16.2. The invocation of the jurisdiction of the High Court to quash a first information report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

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16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.

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16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court.

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16.5. The decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

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16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences.

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16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.

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CRL.M.C. 6175/2025 Page 5 of 6

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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 09/09/2025 at 12:08:03

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16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may inappropriate situations fall for quashing where parties have settled the dispute.

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16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and

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16.10. There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.”

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[Emphasis Supplied]

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Considering the nature of dispute and the fact that the parties have amicably entered into a settlement, this Court is of the opinion that the present case is fit to exercise jurisdiction under Section 528 of BNSS as no purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.

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In view of the above, the impugned FIR No. 40/2019 dated 1^st February, 2019, registered under Sections 498A/406/34 of IPC at P.S. Sadar Bazar, and all other proceedings emanating therefrom are hereby quashed. 12. The parties shall abide by the terms of settlement. 13. Accordingly, the present petition is disposed of along with any pending application(s).

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SANJEEV NARULA, J

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SEPTEMBER 2, 2025/MK

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CRL.M.C. 6175/2025 Page 6 of 6

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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 09/09/2025 at 12:08:03

Abdul Mogni and Ors. v. the State of NCT of Delhi and Anr.

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Abdul Mogni and Ors. v. the State of NCT of Delhi and Anr.

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