Delhi High Court – Orders
Vinay Kumar & Ors vs State Of Nct Of Delhi & Anr on 2 July, 2025
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3821/2025 & CRL.M.A. 16724/2025
VINAY KUMAR & ORS. .....Petitioners
Through: Mr. Sunny, Mr. Priyank
Sharma and Mr. Ankit
Yadav, Advs. (through
VC)
P1 in person
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sunil Kumar Gautam,
APP for the State
SI Rahul Kumar, PS-
Saket
Mr. Sushil Kumar, Adv.
with R2 in person
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 02.07.2025
1. The present petition is filed seeking quashing of FIR No.
78/2021 dated 05.04.2021, registered at Police Station Saket, for
offences under Sections 498A/406/34 of the Indian Penal Code,
1860 (‘IPC‘), including all consequential proceedings arising
therefrom. Chargesheet has been filed in the present case.
2. It is averred that the marriage between Petitioner No.1 and
Respondent No. 2 was solemnized on 19.04.2019 as per Hindu
rites and ceremonies. One child was born out of the said
wedlock. Thereafter, due to matrimonial discord, some
misunderstandings took place between the parties, due to which,
Petitioner No.1 and Respondent No. 2 started living separately.
Petitioner Nos. 2 to 5 are the family members of Petitioner No.1.
3. Subsequently, Respondent No.2 made a complaint against
CRL.M.C. 3821/2025 Page 1 of 6
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Petitioner No. 1 and his family members alleging that she was
subjected to cruelty by them, which later culminated into the
aforementioned FIR.
4. The present petition is filed on the ground that the matter
has amicably been settled between the parties by way of
Memorandum of Settlement dated 09.05.2025. It is stated that
Respondent No.2 and Petitioner No.1 have already obtained a
decree of divorce by mutual consent and they intend to live their
future lives peacefully.
5. On 27.05.2025, Respondent No. 2 appeared before the
learned Joint Registrar (Judicial) and gave a voluntary statement
that the dispute has been settled vide Settlement Deed dated
09.05.2025.
6. In terms of the settlement dated 09.05.2025, the entire
settlement amount of ₹17,00,000/- has already been paid to
Respondent No.2.
7. Petitioner No.1 and Respondent No. 2 are present in the
Court and have been duly identified by the Investigating Officer.
8. They state that the parties have arrived at the settlement
out of their own will, without any coercion, pressure or undue
influence.
9. Respondent No.2 reaffirms that she does not wish to
pursue the proceedings arising out of the present FIR and she has
no objection if the same is quashed.
10. Offence under Section 406 of the IPC is compoundable
whereas offence under Section 498A of the IPC is non-
compoundable.
11. It is well settled that the High Court while exercising its
powers under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (‘BNSS’) [erstwhile Section 482 of the Code of
CRL.M.C. 3821/2025 Page 2 of 6
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Criminal Procedure, 1973] can quash offences which are non-
compoundable on the ground that there is a compromise between
the accused and the complainant. The Hon’ble Apex Court has
laid down parameters and guidelines for High Court while
accepting settlement and quashing the proceedings. In the case
of Narinder Singh & Ors. v. State of Punjab & Anr. : (2014) 6
SCC 466, the Hon’ble Supreme Court had observed 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 predominantly civil character,
particularly those arising out of commercial transactions or
arising out of matrimonial relationship or family disputes
CRL.M.C. 3821/2025 Page 3 of 6
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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)
12. Similarly, in the case of Parbatbhai Aahir & Ors. v. State
of Gujarat & Anr. : (2017) 9 SCC 641, the Hon’ble 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.
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
CRL.M.C. 3821/2025 Page 4 of 6
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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)
13. Keeping in view the nature of the dispute and that the
parties have amicably resolved their disputes, this Court feels that
no useful purpose would be served by keeping the dispute alive
and continuance of the proceedings would amount to abuse of the
CRL.M.C. 3821/2025 Page 5 of 6
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process of Court. I am of the opinion that this is a fit case to
exercise discretionary jurisdiction under Section 528 of the
BNSS.
14. In view of the above, FIR No. 78/2021 and all
consequential proceedings arising therefrom are quashed.
15. It is made clear that this Court has not gone into the
legality of the settlement or any right in relation to the custody of
the minor child.
16. It is also clarified that the legal rights of the minor child
will not be affected, in any manner, whatsoever by the present
order.
17. The present petition is allowed in the aforesaid terms.
AMIT MAHAJAN, J
JULY 2, 2025
“SS”
CRL.M.C. 3821/2025 Page 6 of 6
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 04/07/2025 at 22:04:02