Delhi High Court – Orders
Gaurav Vaid & Ors vs The State Nct Of Delhi And Anr on 8 August, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1486/2025
GAURAV VAID & ORS. .....Petitioners
Through: Mr. R.K. Kohli, Mr. Rajat Kohli and
Ms. Yashika, Advs. along with Petitioner no. 1, 4
and 5 in person and Petitioner no. 2 and 3 through
VC.
versus
THE STATE NCT OF DELHI AND ANR .....Respondents
Through: Mr. Abhijeet Kumar for Ms. Rupali
Bandhopadhya, ASC for State.
SI Karishma PS Dwarka South
Mr. Rohit Bansal and Ms. Swanika Gulati, Advs.
for R-2.
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER
% 08.08.2025
1. The instant petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter “BNSS”) has been filed on behalf of the
petitioners praying for quashing of FIR No. 362/2024 dated 19.10.2025,
registered at Police Station, Dwarka South for the offences punishable under
Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC“).
2. The brief facts of the case are that the marriage between petitioner no.
1 and respondent no. 2 got solemnized on 25.10.2020 in New Delhi,
according to Hindu rites and ceremonies. However, due to some
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temperamental differences between them, shortly after their marriage, they
started living separately ever since 01.04.2023. 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.
362/2024 registered.
4. However, at this stage, with the intervention of family members and
relatives, both the parties have entered into a settlement on 25.10.2024
before the Counselling Cell, Family Courts. The terms and conditions of the
said settlement are mentioned in the settlement which is annexed as
Annexure-P16 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 27.01.2025 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 Rs. 20,00,000/- and all disputes of any nature whatsoever.
6. Learned counsel for the petitioners submitted that petitioner no. 1 has
already paid the entire amount to respondent no. 2, the receipt of which is
acknowledged by respondent no.2.
7. It is, thus, prayed that the instant FIR be quashed on the basis of
settlement agreement dated 25.10.2024.
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8. Learned APP for the State submitted 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.
9. Heard learned counsel for the parties and perused the record.
10. The petitioners are present before this Court and have been identified
by their counsel and the Investigating Officer, Police Station Dwarka South.
Respondent no. 2 is also present in the Court and has been identified by her
counsel and the Investigating Officer.
11. 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.
12. 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.
13. 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.
14. 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
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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 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
15. 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.
16. 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. 362/2024, registered at Police
Station, Dwarka South for the offences punishable under Sections
498A/406/34 of the IPC and all the consequential proceedings emanating
therefrom are quashed.
17. The petition along-with pending application(s), if any, stands disposed
of.
AJAY DIGPAUL, J
AUGUST 8, 2025/AS/yr
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