Sh Ajay And ORS v. The State NCT Of Delhi And ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2916/2025 SH AJAY AND ORS .....Petitioners Through:

Mr. H. S Gulati, Mr. Jayveer Singh, Mr. Lakshay Teotia and Mr. Abhishek Khari, Advs. (Through VC) versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. with SI Pankaj Kumar, PS Jyoti Nagar

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 22.08.2025 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. 77/2021, registered at Police Station, Jyoti Nagar, Delhi for the offences punishable under Sections 498-A/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 03.12.2014 in Ghaziabad, U.P. according to Hindu rites and ceremonies. However, due to some The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

temperamental differences between them, shortly after their marriage, they started living separately. One child was born out of 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 bearing No. 77/2021 registered.

4.

However, at this stage, with the intervention of family members and relatives, both the parties have entered into a settlement on 25.01.2025. The terms and conditions of the said settlement are mentioned in the Memorandum of Understanding which is annexed as P-4 to the petition. It is submitted by the parties that they are living together. 5.

It is, thus, prayed that the instant FIR be quashed on the basis of settlement agreement dated 25.01.2025.

6.

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.

7.

Heard learned counsel for the parties and perused the record. 8.

The petitioners are present before this Court and have been identified by their counsel, Mr. H. S Gulati, and the Investigating Officer SI Pankaj Kumar, Police Station Jyoti Nagar. Respondent no. 2 is also present in the Court and has been identified by the Investigating Officer. 9.

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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

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. 11.

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 noncompoundable offences, when the matter arises out of matrimonial or family disputes. Moreover, it is pertinent to satisfy the Court that the said noncompoundable offences are private in nature and does not have a serious impact on the society.

12.

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 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 13.

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

bad towards her after the compromise. Further, she submitted that she has no objection to the present FIR being quashed.

14.

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. 77/2021, registered at Police Station, Jyoti Nagar, Delhi for the offences punishable under Sections 498-A/406/34 of the IPC and all the consequential proceedings emanating therefrom are quashed.

15.

The petition along-with pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J AUGUST 22, 2025 gs/yr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.