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Delhi High Court – Orders
Bhagat Singh & Ors vs State Nct Of Govt.Ofdelhi & Anr on 26 August, 2025
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3819/2025, CRL.M.A. 16721/2025 & CRL.M.A.
16722/2025
BHAGAT SINGH & ORS. .....Petitioners
Through: Mr. Ramesh Chand, Adv.
All petitioners in person.
versus
STATE NCT OF GOVT.OFDELHI & ANR. .....Respondent
Through: Mr. Satish Kumar, APP for State with
SI Dinesh Kumar, PS Nand Nagri.
Ms. Cheena Sharma and Mr. Yogesh Choudhary,
Advs. respondent no.2 along with respondent no.2
through VC
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER
% 26.08.2025
1. The instant petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the
Code of Criminal Procedure, 1973 (hereinafter “CrPC.”)] has been filed on
behalf of the petitioners praying for quashing of FIR bearing No. 465/2024,
registered at Police Station Nand Nagri, for the offences punishable under
Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC“)
and Sections 3/4 of the Dowry Prohibition Act, 1961.
2. The brief facts of the case are that the marriage between petitioner no.
1 and respondent no. 2 got solemnized on 19.02.2022 at Delhi, according to
Hindu rites and ceremonies. However, due to some temperamental
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differences between them, shortly after their marriage, they started living
separately. No child was born from the said wedlock.
3. Despite several efforts of reconciliation, both the parties could not
settle their differences pursuant to which respondent no. 2 got FIR no.
465/2024 registered.
4. However, at this stage, with the intervention of family members and
relatives, both the parties have entered into a settlement on 06.08.2024
before Counsellor, Family Court, North West District, Rohini, Delhi. The
terms and conditions of the said settlement are mentioned in the settlement
which is annexed as Annexure P-4 to the petition. In pursuance of the said
settlement, the parties have jointly agreed that they shall move for divorce
under Section 13B (1) and under Section 13B (2) of the Hindu Marriage
Act, 1955 (hereinafter “HMA”) and accordingly, a divorce decree dated
25.01.2025 was passed by the Court concerned.
5. Learned counsel appearing on behalf of the petitioners submitted that
respondent no. 2 has settled all her claims in respect of her dowry articles,
stridhan, marriage expenses, jewelries, gift items and claims of past, present
and future maintenance and permanent alimony with the petitioners for a
sum of ₹10,00,000/-. Respondent no. 2 submits that she has received the
amount of ₹10,00,000/-.
6. It is, thus, prayed that the instant FIR be quashed on the basis of
settlement agreement dated 06.08.2024.
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.
This is a digitally signed order.
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8. Heard learned counsel for the parties and perused the record.
9. The petitioners are present before this Court and have been identified
by their counsel and the Investigating Officer, Police Station Nand Nagri.
Respondent no. 2 is also present in the Court and has been identified by her
counsel and the Investigating Officer.
10. The instant criminal proceedings in respect of non-compoundable
offences are private in nature and do not have a serious impact on society,
especially when there is a settlement/compromise between victim and
accused.
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 petitioner or any person related to him.
12. In the case of State of Madhya Pradesh vs. 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 the criminal proceedings featuring non-
compoundable offences, when the matter arises out of matrimonial or family
disputes. Moreover, it is pertinent to satisfy the Court that the said non-
compoundable offences are private in nature and does not have a serious
impact on the society.
13. Furthermore, it was observed by the Hon’ble Supreme Court in the
case of Ramgopal and Ors. vs. 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
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The Order is downloaded from the DHC Server on 27/08/2025 at 22:47:50
given that the Court must be satisfied that the nature of the offence does not
impact the conscious of the society and that the compromise between the
parties is voluntary and amicable
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 entire disputes amicably with the petitioners by 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
bad towards her after the compromise. As per the settlement, the respondent
no. 2 has received the entire settled amount. Further, she submitted that she
has no objection to the present FIR being quashed.
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 bearing No. 465/2024, registered at Police
Station Nand Nagri, for the offences punishable under Sections
498A/406/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act and
all the consequential proceedings emanating therefrom are quashed.
16. The petition along-with pending application(s), if any, stands disposed
of.
AJAY DIGPAUL, J
AUGUST 26, 2025/AS/dd
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 27/08/2025 at 22:47:50
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