Delhi High Court – Orders
Rahul Kumar & Ors vs The State Govt. Of Nct Of Delhi And Anr on 17 April, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 80/2025 & CRL. M.A. 717/2025
RAHUL KUMAR & ORS. .....Petitioners
Through: Mr. Karandeep Singh, Advocate for
P-1 to P-4.
Mr. Sachendra Kumar and Mr. Anil
Kumar, Advocates for P-5.
versus
THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents
Through: Mr. Sanjay Lao, SC (Crl.) with Mr.
Abhinav Kumar and Mr. Aryan
Sachdeva, Advocates for State.
SI Pankaj Kumar, P.S. Jyoti Nagar.
Mr. Vishal Chaudhary, Mr. Sumit
Saxena, Ms. Priyanka Vishwakarma,
Advocates for R-2 with R-2 (through
VC).
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 17.04.2025
1. The present petition has been filed seeking quashing of FIR No.
409/2018 dated 14th November, 2018, registered at Police Station Jyoti
Nagar for the offences under Sections 498A/406/34 of the Indian Penal
Code, 1860,1 and Sections 3/4 of the Dowry Prohibition Act, 1961 as well as
all consequential proceedings emanating therefrom. This request is made in
light of the amicable settlement arrived at by the parties, as evidenced by the
W.P.(CRL) 80/2025 Page 1 of 5
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Agreement of Settlement dated 30th May 2022 executed between Petitioner
No. 1 and Respondent No.2/ Complainant before the Delhi Mediation
Centre, Karkardooma Courts, Delhi. A copy of the aforementioned
Settlement Agreement has been duly placed on record.
2. The marriage between Petitioner No. 1 and Respondent No. 2 was
solemnised on 10th December, 2016, however the parties eventually
separated on account of temperamental differences. Their marriage has now
been dissolved through decree of divorce by mutual consent dated 16 th
March, 2023 issued by the Family Court, Shahdara District, Karkardooma
Courts, Delhi.
3. In terms of the Agreement for Settlement, Petitioner No. 1 had agreed
to pay a total sum of INR 9,00,000/- to Respondent No. 2. Of the said
amount, a sum of INR 3,50,000/- was agreed to be paid to Respondent No. 2
at the time of recording of first motion for seeking divorce under Section 13-
B(1) of the Hindu Marriage Act, 1955. A further sum of INR 3,50,000/- was
to be paid to her at the time of recording of statement of second motion. The
remaining amount of INR 2,00,000/- was to be paid to Respondent No. 2 at
the time of quashing of the impugned FIR. Counsel for the Petitioners states
that the entire settlement amount has been paid to Respondent No. 2 and that
she has no objections to the quashing of the impugned FIR.
4. Respondent No. 2 is present through video conferencing, duly
identified by the IO as well as the counsel. She states that she has no
objections to the quashing of the FIR. An affidavit cum No Objection
Certificate to this effect has also been placed on record.
5. Before the Joint Registrar, on 19th February, 2025, counsel for the
1
“IPC”
W.P.(CRL) 80/2025 Page 2 of 5
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Petitioner handed over a demand draft bearing DD No. 303213, for the sum
of INR 2,00,000/- drawn on PNB Bank dated 22nd January, 2025, to
Respondent No. 2. Thereafter, the statement of Respondent No. 2 was
recorded on the same day, wherein she affirmed receipt of the entire
settlement amount towards settlement of alimony, maintenance, stridhan
and other articles. On 25th March, 2025, Respondent No. 2 appeared before
the Joint Registrar’s Court through video conferencing, and submitted that
the DD had been duly realised, and that she had no objections to the
quashing of the impugned FIR.
6. At this juncture, it is imperative to emphasise the Court’s power under
Section 482 of the CrPC to quash criminal proceedings pursuant to a
settlement between the parties. In this regard, the Supreme Court in
Narinder Singh & Ors. v. State of Punjab & Anr.,2 has laid down certain
guidelines and parameters for the High Courts while accepting settlement
and quashing the proceedings:
“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:
2
(2014) 6 SCC 466.
W.P.(CRL) 80/2025 Page 3 of 5
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(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]
7. In view of the law discussed above as well as the settlement between
the parties, the Court is of the considered opinion that this matter deserves to
be given a quietus, as the continuation of the present proceedings would
serve no fruitful purpose, but rather only amount to an abuse of the judicial
process and impose an unwarranted burden on the State Exchequer.
8. Accordingly, the petition is allowed, and FIR No. 409/2018,
registered at Police Station Jyoti Nagar under Sections 498A/406/34 IPC
and Sections 3/4 of the Dowry Prohibition Act, and the proceedings
emanating therefrom are quashed.
9. The parties shall abide by the terms of settlement.
10. Accordingly, the petition is disposed of. Pending applications (if any)
W.P.(CRL) 80/2025 Page 4 of 5
This is a digitally signed order.
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are disposed of as infructuous.
SANJEEV NARULA, J
APRIL 17, 2025
as
W.P.(CRL) 80/2025 Page 5 of 5
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 17/04/2025 at 22:07:09