Allowed

Mr. Vinod & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Delhi HC5 Dec 2025CRL.M.C./8681/2025

Case brief

AI extract

What is this about?

A quashing petition for FIR 314/2017 (IPC Sections 498A/406/403/34) arising from a matrimonial dispute, based on a settlement affidavit by the complainant who confirmed voluntary compromise in court; the State raised no objection and the court allowed the petition, quashing the FIR and consequential proceedings.

What did the court decide?

FIR No. 314/2017 (PS Ambedkar Nagar, IPC 498A/406/403/34) and all consequential proceedings quashed qua the petitioners.

Mr. Vinod & Ors. Vs the State (Govt. of NCT of Delhi) & Anr. — Dowry and Cruelty | Delhi HC (2025)

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 8681/2025

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MR. VINOD & ORS. .....Petitioners

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Through: Mr. M. Hasibuddin, Adv. along with petitioners

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versus

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THE STATE (GOVT. OF NCT OF DELHI) & ANR. ...Respondents Through: Mr. Digam Singh Dagar, APP for State with SI Sonu Giri, PS Ambedkar Nagar R-2 in person

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CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R % 05.12.2025

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1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal Procedure, 1973) has been filed on behalf of the petitioners praying for the quashing of FIR No. 314/2017, registered at Police Station Ambedkar Nagar, for the offences punishable under Sections 498A/406/403/34 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 25.11.2007, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately.

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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 10/12/2025 at 12:22:50

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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. 314/2017 registered.

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4. However, with the intervention of family members and relatives, both the parties have entered into a settlement.

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5. An affidavit dated 26.11.2025, executed by respondent no. 2 qua her no objection, is on record and has been annexed as “Annexure P-5” to the petition. The para 3 of the said affidavit states that the respondent no. 2 has already settled all her disputes with the petitioners and she has been residing with the petitioner since 2023.

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6. It is, thus, prayed that the instant FIR be quashed on the basis of the affidavit dated 26.11.2025.

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

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9. The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer, Police Station Ambedkar Nagar. Respondent no. 2 is also present in the Court and has been identified by the counsel and the concerned Investigating Officer.

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10. 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 10/12/2025 at 12:22:50

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11. 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.

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12. In the case of State of Madhya Pradesh v. 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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13. Furthermore, it was observed by the Hon’ble Supreme Court in the case of Ramgopal and Ors. v. 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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14. 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

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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 10/12/2025 at 12:22:50

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bad 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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15. 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 No. 314/2017, registered at Police Station Ambedkar Nagar, for the offences punishable under Sections 498A/406/403/34 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioners.

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16. Children from the wedlock, if any, are free to assert their rights in accordance with law.

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

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AJAY DIGPAUL, J

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DECEMBER 5, 2025/ ar/ yr

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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 10/12/2025 at 12:22:50

Mr. Vinod & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

What is this about?

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Mr. Vinod & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

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What did the court decide?

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