Delhi High Court – Orders
Ajay And Ors vs State Nct Of Delhi And Anr on 4 August, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5187/2025 & CRL.M.A. 22417/2025
AJAY AND ORS .....Petitioners
Through: Mr. Sohan Singh Negi, Mr. Kumar
Arjun Toppo, Advocates with
Petitioners in person.
versus
STATE NCT OF DELHI AND ANR .....Respondents
Through: Mr. Mukesh Kumar, APP for the
State.
SI Ashok Kumar, PS: Nihal Vihar.
Mr. Sushant Siddharth, Mr. Amreen
Qadri and Ms. Shuaiza Amani,
Advocates for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 04.08.2025
1. 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. 361/20173 registered under
Sections 498A/406/34 of the Indian Penal Code, 18604 at P.S. Nihal Vihar,
and all other proceedings emanating therefrom.
2. The marriage between Petitioner No. 1 and Respondent No. 2 was
solemnized on 05th March, 2014 as per Hindu rites and ceremonies. Parties
1
“BNSS”
2
“Cr.P.C.”
3
“the impugned FIR”
CRL.M.C. 5187/2025 Page 1 of 6
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have no child from the said marriage.
3. However, due to matrimonial discord, the relationship between the
parties deteriorated, and they have been living separately since 16th March,
2015. Several efforts for reconciliation were made but to no avail.
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. Subsequently, the chargesheet was filed under
Section 498A/406 of the IPC.
4. 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. Pursuant thereto, Petitioner No. 1 and
Respondent No. 2 have executed a Settlement Deed dated 25th September,
2017, before the Delhi Mediation Centre, Tis Hazari Courts, whereby
Petitioner No. 1 agreed to pay a total sum of INR 30,000/- to Respondent
No. 2. As per the terms of the settlement, parties have agreed to withdraw all
proceedings pending before various Courts. Pursuant to the settlement,
Petitioner No. 1 and Respondent No.2 have obtained a decree of divorce by
mutual consent through order dated 05th June, 2023 passed by the Principal
Judge, Family Courts, West, Tis Hazari Courts, Delhi.
5. In light of the foregoing, counsel for the parties jointly pray for the
quashing of the impugned FIR. Respondent No. 2, who is present before this
Court and duly identified by the Investigating Officer, confirms her
statement made to the Court and gives no objection to the quashing of the
impugned FIR. She confirms that in terms of the Settlement Agreement, she
has received a sum of INR 30,000/- towards full and final settlement of all
4
“IPC”
CRL.M.C. 5187/2025 Page 2 of 6
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her claims.
6. 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.
7. 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.,5 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, this 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
5
(2014) 6 SCC 466
CRL.M.C. 5187/2025 Page 3 of 6
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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]
8. Similarly, in the case of Parbatbhai Aahir & Ors. v. State of Gujarat
& Anr.,6 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.
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.
6
(2017) 9 SCC 641
CRL.M.C. 5187/2025 Page 4 of 6
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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.
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
CRL.M.C. 5187/2025 Page 5 of 6
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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]
9. Considering the nature of dispute and 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.
10. In view of the above, the impugned FIR No. 361/2017, P.S. Nihal
Vihar and all consequential proceedings arising therefrom are hereby
quashed.
11. The parties shall abide by the terms of settlement.
12. The present petition is allowed in the aforesaid terms.
SANJEEV NARULA, J
AUGUST 4, 2025
d.negi
CRL.M.C. 5187/2025 Page 6 of 6
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 05/08/2025 at 22:01:23