Allowed¶11

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

Delhi HC6 Nov 2025CRL.M.C./7798/2025

Case brief

AI extract

What is this about?

CRL.M.C. 7798/2025, Hemant Kumar v. State of NCT of Delhi, decided 06.11.2025 by Ravinder Dudeja, J.; quashing of FIR No. 0046/2021 (P.S. Jagat Puri, Shahdara District) under Sections 498A/406/34 IPC; petition under Section 528 BNSS; settlement dated 11.04.2022, Delhi Mediation Centre Karkardooma; matrimonial dispute; non-compoundable offence quashed; inherent powers Section 482; reliance on Gian Singh (2012) 10 SCC 303, B.S. Joshi (2003) 4 SCC, Jitendra Raghuvanshi (2013) 4 SCC 58, Rangappa Javoor 2023 LiveLaw (SC) 74.

What did the court decide?

Quashing of FIR No. 0046/2021 dated 19.02.2021 registered at P.S. Jagatpuri (Shahdara District), Delhi under Sections 498A/406/34 IPC and all consequential proceedings emanating therefrom; pending application(s) disposed of. ¶11

Hemant Kumar & Anr. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 0046/2021 dated 19.02.2021 registered at P.S. Jagat Puri under Sections 498A/406/34 IPC and all proceedings emanating therefrom should be quashed on the basis of the amicable settlement between the parties.

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Court's answer

The inherent powers under Section 482 of the Code are to be exercised to secure the ends of justice or to prevent abuse of the process of any court, and the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties.

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Ratio / Principle

Cases arising out of matrimonial differences should be put to a quietus where the parties have reached an amicable settlement.

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Key takeaways

Since the parties amicably resolved their differences out of their own free will and without any coercion, it would be in the interest of justice to quash the FIR and the proceedings pursuant thereto.ratio¶10
The petition is allowed; FIR No. 0046/2021 dated 19.02.2021 registered at P.S. Jagatpuri (Shahdara District), Delhi under Sections 498A/406/34 IPC and all consequential proceedings emanating therefrom stand quashed.ratio¶11

Detailed headnote1 paragraphs

High Court of Delhi (Ravinder Dudeja, J.) allowed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita and quashed FIR No. 0046/2021 dated 19.02.2021, registered at P.S. Jagat Puri (Shahdara District), Delhi under Sections 498A/406/34 IPC, together with all consequential proceedings, on the basis of a Settlement Agreement dated 11.04.2022 arrived at before the Delhi Mediation Centre, Karkardooma Courts. Respondent No. 2/complainant confirmed the settlement was voluntary (without force, fear or coercion) and raised no objection; the learned APP for the State likewise had no objection. Relying on Gian Singh v. State of Punjab, B.S. Joshi v. State of Haryana, Jitendra Raghuvanshi and Rangappa Javoor, the Court held that inherent powers may be used to quash even non-compoundable offences upon amicable settlement and that matrimonial disputes so settled should be put to a quietus. Pending applications disposed of.

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$~69

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

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% Date of decision: 06.11.2025

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- CRL.M.C. 7798/2025 & CRL.M.A. 32665/2025 EXEMPTION FROM FILING CERTIFIED COPIES

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HEMANT KUMAR & ANR.

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.....Petitioner

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Through: Mr. Rohit Raj Saini, Mr. Prashant Sharma, Advs.

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versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP with ASI Rajesh Kumar, PS Jagat Puri. Mr. A. S. Kettan, Adv. for R-2.

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

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JUDGMENT(ORAL)

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RAVINDER DUDEJA, J.

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This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0046/2021, dated 19.02.2021, registered at P.S Jagat Puri (Shahdara District), Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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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

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CRL.M.C. 7798/2025 Page 1 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.11.2025 12:32:07

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was solemnized on 20.04.2016 as per Hindu Rites and ceremonies at Delhi. One child was born out of the said wedlock. However, on account of temperamental differences Petitioner No. 1and Respondent No. 2 are living separately since 21.09.2020.

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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. 0046/2021 was lodged at the instance of respondent no. 2 at PS Jagat Puri under sections 498A/406/34 IPC against the petitioners.

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During the course of proceedings, the parties amicably resolved their disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi and the terms of settlement were written in the form of a Settlement Agreement dated 11.04.2022. It is submitted that petitioner no.1 and respondent no. 2 unconditionally settled their disputes and the custody of the child will remain with the respondent No.2 and the petitioner no.1 will have no custody or visitation rights as per the terms in the settlement. Copy of the Settlement dated 11.04.2022 has been annexed as Annexure B.

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Petitioner no. 1 and respondent no. 2 are physically present before the Court while petitioner no. 2 has entered her appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer ASI Rajesh Kumar, from PS Jagat Puri.

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CRL.M.C. 7798/2025 Page 2 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.11.2025 12:32:07

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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 no objection if the FIR No. 0046/2021 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. 0046/2021 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 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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CRL.M.C. 7798/2025 Page 3 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.11.2025 12:32:07

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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. 0046/2021, dated 19.02.2021, registered at P.S Jagatpuri (Shahdara District), Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

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