Pradeep Kumar & Ors. v. State N C T of Delhi & Anr.

Delhi HC10 Dec 2025CRL.M.C./9966/2024

Case brief

AI extract

What is this about?

Quashing of FIR 498A/406/34 IPC on settlement; Section 528 BNSS petition; inherent powers section 482; non-compoundable offences quashed after amicable settlement; matrimonial dispute put to quietus; Counseling Cell Karkardooma settlement dated 11.10.2022; divorce by mutual consent 26.09.2023; settlement amount Rs. 2,80,000/-; PS Farsh Bazar FIR No. 0075/2019 dated 12.03.2019; CRL.M.C. 9966/2024; 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?

FIR No. 0075/2019 dated 12.03.2019 (P.S. Farsh Bazar, Delhi) under Sections 498A/406/34 IPC and all consequential proceedings emanating therefrom quashed; pending application(s) disposed of. ¶¶32

Pradeep Kumar & Ors. Vs State N C T of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

FIR No. 0075/2019 dated 12.03.2019 (P.S. Farsh Bazar, Delhi) under Sections 498A/406/34 IPC and all consequential proceedings emanating therefrom quashed; pending application(s) disposed of.

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Issue for consideration

Whether FIR No. 0075/2019 registered at P.S. Farsh Bazar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom may be quashed in view of the amicable settlement between the parties.

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Court's answer

Petition allowed; FIR No. 0075/2019 dated 12.03.2019 registered at P.S. Farsh Bazar, Delhi under Sections 498A/406/34 IPC and all other consequential proceedings emanating therefrom are quashed.

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Ratio / Principle

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.

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Key takeaways

The High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties; 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.ratio¶¶26
Cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement (relying on B.S. Joshi v. State of Haryana, (2003) 4 SCC).ratio¶¶29

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. 0075/2019, dated 12.03.2019, registered at P.S. Farsh Bazar, Delhi under Sections 498A/406/34 IPC, together with all consequential proceedings, on the basis of an amicable settlement. Marriage solemnized 25.10.2011; parties separated since 31.07.2017; disputes resolved before the Counseling Cell, Karkardooma Courts vide Settlement dated 11.10.2022; divorce by mutual consent obtained 26.09.2023; entire settlement amount of Rs. 2,80,000/- paid to Respondent No. 2; custody of minor children with Respondent No. 2. Respondent No. 2 confirmed the settlement was voluntary and gave no objection; the learned Additional PP likewise raised no objection. Reliance placed on Gian Singh v. State of Punjab (2012) 10 SCC 303, B.S. Joshi v. State of Haryana (2003) 4 SCC, Jitendra Raghuvanshi & Ors. (2013) 4 SCC 58 and Rangappa Javoor (Diary No. 33313/2019, 2023 LiveLaw (SC) 74); the Court noted the High Court may quash even non-compoundable offences upon amicable settlement, especially in matrimonial matters.

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$~18

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

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% Date of decision: 10.12.2025

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- CRL.M.C. 9966/2024 & CRL.M.A. 38169/2024 EXEMPTION FROM FILING CERTIFIED COPIES, CRL.M.A. 38170/2024 DIRECTIONS TO RESPONDENT NO. 2

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PRADEEP KUMAR & ORS. .....Petitioner

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Through: Mr.Ajay Mohla, Mr.Vishal Chillar, Advs. with petitioners in person.

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versus

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STATE N C T OF DELHI & ANR. .....Respondent

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Through: Mr. Sanjeev Sabharwal, APP with SI Krishan Kumar, PS Farsh Bazar.

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Mr. Dinesh K Malhotra, Adv. for R-2 with R-2 in person.

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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. 0075/2019, dated 12.03.2019 ,registered at P.S Farsh Bazar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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CRL.M.C. 9966/2025 Page 1 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 1.12.2025 15:46:19

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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 was solemnized on 25.10.2011 as per Hindu Rites and ceremonies. Two children were born out of the said wedlock. However, on account of temperamental differences Petitioner No. 1 and Respondent No. 2 are living separately since 31.07.2017

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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. 0075/2019 was lodged at the instance of respondent no. 2 at PS Farsh Bazar 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 Counseling Cell, Karkardooma Courts, New Delhi and the terms of settlement were written in the form of Settlement dated 11.10.2022. It is submitted that the petitioner no. 1 and respondent no. 2 have obtained divorce by mutual consent on 26.09.2023 and the petitioner no. 1 has paid the entire settlement amount of Rs. 2,80,000/- (Rupees Two Lac Eighty Thousand Only) to respondent no. 2. It is further submitted that the custody of the minor children shall remain with respondent no. 2 in terms of settlement. Copy of the settlement dated 11.10.2022 has been annexed as Annexure B.

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CRL.M.C. 9966/2025 Page 2 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 1.12.2025 15:46:19

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Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Krishan Kumar, from PS Farsh Bazar.

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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 received the entire settlement amount and has no objection if the FIR No. 0075/2019 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. 0075/2019 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

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CRL.M.C. 9966/2025 Page 3 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 1.12.2025 15:46:19

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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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In view of the above facts that the parties have 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 abovementioned FIR and the proceedings pursuant thereto.

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In the interest of justice, the petition is allowed, and the FIR No. 0075/2019, dated 12.03.2019, registered at P.S Farsh Bazar, Delhi under Sections 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

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