Delhi High Court – Orders
Sh. Rakesh Kumar And Anr vs Govt Of Delhi And Anr on 2 July, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3845/2025 & CRL.M.A. 16839/2025
SH. RAKESH KUMAR AND ANR .....Petitioners
Through: Mr. Sameer Chatrath, Advocate with
Petitioners in person.
versus
GOVT OF DELHI AND ANR .....Respondents
Through: Mr. Mukesh Kumar, APP for the
State.
SI Kusum and SI Sangeeta Malik, PS:
Binda Pur.
Ms. Ruchi, R-2 through VC.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 02.07.2025
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. 405/2012 dated 28th
December, 2012, registered under Sections 498A, 406 and 34 of the Indian
Penal Code, 18603 at P.S. Binda Pur, New Delhi and all other proceedings
emanating therefrom.
2. Petitioner No. 1 is the husband of Respondent No. 2. Petitioner No. 2
in the mother-in-law of Respondent No. 2. The marriage between Petitioner
No. 1 and Respondent No. 2 was solemnized on 09th July, 2011 as per Hindu
1
“BNSS”
2
“CrPC”
CRL.M.C. 3845/2025 Page 1 of 7
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rites and ceremonies. There is no child from the said marriage. However,
due to matrimonial discord, the relationship between the parties deteriorated
and the parties started living separately.
3. 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.
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 before the Delhi High Court Mediation and
Conciliation Centre and a Settlement Agreement dated 17th February, 2025
has been executed by Petitioner No. 1 and Respondent No. 2. As per the
terms of the settlement, Respondent No. 2 has 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 23rd April, 2025 passed by the Court of
Family Court-01, South West, Dwarka, New Delhi.
5. On 28th May, 2025, the statement of Respondent No. 2 was recorded
before the Joint Registrar and after verification of all critical aspects, the
Joint Registrar passed the following order:
“1. The present non contentious petition has been filed by the
petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita,
2023 for quashing of the FIR NO. 405/2012 Under Sections 498A/406/34
of the Indian Penal Code registered at P.S. BINDAPUR on the basis of
settlement arrived at between the parties.
2. As per the submissions, the matter between the petitioners and R-2
has been amicably settled.
3. Vide separate statement recorded in this behalf, petitioners stated
that dispute between them and R-2 has been amicably settled as per the
settlement deed dated 17.02.2025. The settlement has been arrived at3
“IPC”
CRL.M.C. 3845/2025 Page 2 of 7
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between the parties herein without any force, coercion, undue influence
and pressure. They have signed the settlement deed with their wish and
will. Vide separate statement recorded in this behalf, R-2 stated that
dispute between R-2 and petitioners has been amicably settled as per the
settlement deed dated 17.02.2025. The settlement has been arrived at
between the parties herein without any force, coercion, undue influence
and pressure. The settlement deed has been signed with wish and will.
4. Investigating Officer is present in Court and has duly verified the
identity of both the parties. Separate statement of Investigating Officer has
also been recorded.
5. The parties along with their counsels have confirmed that the
settlement deed has been duly entered into between them.
6. Learned counsel for State/APP enters appearance and accepts
notice. He submits that in view of the statement recorded, let the matter be
placed before the Hon’ble Court.
7. The compromise/settlement deed is in writing and has been duly
signed by both the parties. I have heard both the parties and from the
direct dialogue with both the parties, it is observed that the consent of
both the parties is found to be genuine and has not been obtained under
undue influence or pressure.
8. In view of the above, matter be placed before the Hon’ble Court on
02.07.2025.”
6. 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 through the video conferencing mechanism, confirms her statement
made to the Court and gives no objection to the quashing of the impugned
FIR. An Affidavit/No Objection Certificate to this effect is also on record.
The parties present before the Court are duly identified by the IO.
7. The Court has considered the afore-noted facts. Notably, the offence
under Section 498A of IPC is non-compoundable while the offence under
Section 406 of IPC is compoundable in certain cases.
8. It is well-established that the High Courts, in exercise of their powers
under Section 582 of BNSS (formerly 482 of CrPC), can compound
offences which are non-compoundable on the ground that there is a
CRL.M.C. 3845/2025 Page 3 of 7
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compromise between the accused and the complainant. In Narinder Singh
& Ors. v. State of Punjab & Anr.,4 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 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
4
(2014) 6 SCC 466
CRL.M.C. 3845/2025 Page 4 of 7
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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]
9. Similarly, in the case of Parbatbhai Aahir & Ors. v. State of Gujarat
& Anr.,5 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.
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.
5
(2017) 9 SCC 641
CRL.M.C. 3845/2025 Page 5 of 7
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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 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]
10. 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
CRL.M.C. 3845/2025 Page 6 of 7
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present case is fit to exercise jurisdiction under Section 582 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.
11. In view of the above, the impugned FIR No. 405/2012 dated 28th
December, 2012, registered under Sections 498A, 406 and 34 of the Indian
Penal Code, 1860 at P.S. Binda Pur, New Delhi and all other proceedings
emanating therefrom are hereby quashed.
12. The parties shall abide by the terms of the settlement.
13. Accordingly, the present petition is disposed of along with pending
application.
SANJEEV NARULA, J
JULY 2, 2025
d.negi
CRL.M.C. 3845/2025 Page 7 of 7
This is a digitally signed order.
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