Delhi High Court – Orders
Jignesh Kedar & Ors vs The State Of Nct Of Delhi And Anr on 2 July, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4176/2025
JIGNESH KEDAR & ORS. .....Petitioners
Through: Mr. Parul Saxena, Mr. Sunil Bharti,
Mr. Dushyant Chaudhary, Advocates
with Petitioners in person
versus
THE STATE OF NCT OF DELHI AND ANR .....Respondents
Through: Mr. Mukesh Kumar, APP for the
State with SI Prashant, PS Laxmi
Nagar
Mr. Ashish Aggarwal, Advocate for
R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 02.07.2025
1. Issue notice. Counsel mentioned in the appearance above accepts
notice. Considering the nature of relief sought in the present petition, no
reply is deemed necessary and with the consent of the parties, the matter is
heard finally at the stage of admission itself.
2. The present petition filed under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 20231 (formerly Section 482 of the Code of Criminal
Procedure, 19732) seeks quashing of FIR No. 142/20213 dated 9th April,
2021 registered under Sections 498A/406/34 of the Indian Penal Code,
1
“BNSS”
2
“Cr.P.C”
3
“the impugned FIR”
CRL.M.C. 4176/2025 Page 1 of 6
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1860,4 at P.S. Laxmi Nagar and all other proceedings emanating therefrom.
3. Petitioner No. 1 is the husband of Respondent No. 2. Petitioners No. 2
to 4 are the in-laws of Respondent No. 2. The marriage between Petitioner
No. 1 and Respondent No. 2 was solemnized on 3rd February, 2014, as per
Hindu rites and ceremonies and one child is born from the said marriage.
However, due to matrimonial discord, the relationship between the parties
deteriorated and the parties have been living separately since 2020. Several
efforts for reconciliation were made but to no avail.
4. 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.
5. 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 before the Delhi Mediation Centre, Tis Hazari
Courts. The Petitioner No. 1 and Respondent No. 2 executed a Settlement
Agreement dated 18th November, 2024 whereby Petitioner No. 1 had agreed
to pay a total sum of INR 15,25,000/- to Respondent No. 2. Pursuant to the
settlement, Petitioner No. 1 and Respondent No. 2 have obtained a decree of
divorce by mutual consent by order dated 4th April, 2025, passed by the
Family Court, East District, Karkardooma Courts, Delhi.
6. Respondent No. 2, who is present before this Court and duly
identified by the Investigating Officer., gives her no objection to the
quashing of the impugned FIR. She confirms that in terms of the Settlement
Agreement, she received a sum of INR 5,25,000/- at the time of recording of
first motion and INR 5,00,000/- at the stage of second motion for divorce.
4
“IPC”
CRL.M.C. 4176/2025 Page 2 of 6
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Additionally, in accordance with the Agreement, the Petitioners have handed
the balance amount by way of a demand draft bearing DD No. 217799
amounting to INR 5,00,000/- to Respondent No. 2 during the proceedings. A
copy of the said DD has been handed over across the Board and is taken on
record.
7. In light of the foregoing, counsel for the parties jointly pray for the
quashing of the impugned FIR.
8. The Court has considered the afore-noted facts. Notably, offence
under Section 498A of IPC is non-compoundable while offence under
Section 406 of IPC is compoundable in certain cases.
9. It is well-established that the High Courts, in exercise of their powers
under Section 528 of BNSS (formerly Section 482 of Cr.P.C.), 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., 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:
“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:
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, thisCRL.M.C. 4176/2025 Page 3 of 6
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power is to be exercised sparingly and with caution.
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:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on
either of the aforesaid two objectives.
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.
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.
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.”
[Emphasis Supplied]
10. Similarly, in the case of Parbatbhai Aahir & Ors. v. State of Gujarat
& Anr., the Supreme Court had observed as under:
“16. The broad principles which emerge from the precedents on the
subject, may be summarised in the following propositions:
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.
CRL.M.C. 4176/2025 Page 4 of 6
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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.
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.
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.
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.
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.
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.
16.8. Criminal cases involving offences which arise from commercial,
financial, mercantile, partnership or similar transactions with an
essentially civil flavour may in appropriate situations fall for
quashing where parties have settled the dispute.
CRL.M.C. 4176/2025 Page 5 of 6
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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
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.”
[Emphasis Supplied]
11. Considering the nature of the dispute, 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.
12. In view of the above, the petition is allowed, and impugned FIR No.
142/2021, as well as all consequential proceedings emanating therefrom are
quashed.
13. The parties shall abide by the terms of settlement.
14. Disposed of.
SANJEEV NARULA, J
JULY 2, 2025/ab
CRL.M.C. 4176/2025 Page 6 of 6
This is a digitally signed order.
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