Allowed

Deepanshu Sharma and Ors. v. State (Govt. of NCT of Delhi) and Anr.

Delhi HC23 Dec 2025CRL.M.C./9242/2025

Case brief

AI extract

What is this about?

A matrimonial dispute FIR for offences under Sections 498A/406/509/34/354A IPC was sought to be quashed after the parties settled at mediation and agreed to resume living together. The complainant confirmed her consent in court. Relying on Supreme Court precedent, the court quashed the FIR and consequential proceedings qua the petitioners.

What did the court decide?

FIR No. 400/2020, PS Shahdara (Sections 498A/406/509/34/354A IPC), and consequential proceedings quashed qua petitioners.

Deepanshu Sharma and Ors. Vs State (Govt. of NCT of… — Matrimonial and Divorce | Delhi HC (2025)

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$~56

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9242/2025 & CRL.M.A. 38595/2025

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DEEPANSHU SHARMA AND ORS .....Petitioners

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Through: Mr. Israr Ahmad, Adv. along with petitioners

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versus

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STATE (GOVT. OF NCT OF DELHI) AND ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh and Ms. Upasna Bakshi, Advs. SI Rakesh Kumar, PS Shahdara Ms. Anita Sharma, Adv. for R-2 (through VC) R-2 in person

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CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R % 23.12.2025

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1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the petitioners praying for the quashing of FIR No. 400/2020, registered at Police Station Shahdara, for offences punishable under Sections 498A/406/509/34/354A 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 18.04.2019, 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. 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 27/12/2025 at 12:02:59

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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. 400/2020 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 17.05.2025 before the Delhi Mediation Centre, Karkardooma Courts, Delhi. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as “Annexure P-2” to the petition. In pursuance of the said settlement, the parties have jointly agreed that they shall live together under one roof in a rented accommodation in H. No. 222, Kabool Nagar, Shahdara, Delhi.

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5. It is, thus, prayed that the instant FIR be quashed on the basis of the compromise.

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6. Heard. Issue notice.

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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 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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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

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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 27/12/2025 at 12:02:59

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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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11. 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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12. 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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13. The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer, Police Station Shahdara. 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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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

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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 27/12/2025 at 12:02:59

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respondent no. 2 that the conduct and antecedents of petitioners have been bad towards her after entering into this compromise. Further, she submits that she has no objection to the present FIR being quashed as she is now residing with her husband (petitioner) and is moving towards a peaceful matrimonial life.

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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. 400/2020, registered at Police Station Shahdara, for offences punishable under Sections 498A/406/509/34/354A of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioners.

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

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AJAY DIGPAUL, J

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DECEMBER 23, 2025 /ar/ryp

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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 27/12/2025 at 12:02:59

Deepanshu Sharma and Ors. v. State (Govt. of NCT of Delhi) and Anr.

Case brief

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Deepanshu Sharma and Ors. v. State (Govt. of NCT of Delhi) and Anr.

Case brief

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