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CRL.M.C./6416/2025 of NITISH DABAS & ORS. Vs GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR.

Court
Delhi High Court
Decision date
2025-09-11
Bench
RAVINDER DUDEJA
Case number
6416/2025

Parties

Cites (1 resolved of 6 detected)

Statutes cited (2)

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$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 11.09.2025

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+ CRL.M.C. 6416/2025, CRL.M.A. 27094-95/2025

NITISH DABAS & ORS.

.....Petitioners Through: Mr. Varun Chopra, Adv. Petitioners in person.

versus

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR. .....Respondents

.....Respondents Through: Ms. Kiran Bairwa, APP with SI Pardeep, P.S.Rani Bagh. R-2 in person.

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL)

RAVINDER DUDEJA, J.

1. This is petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 1444/2021, dated 27.12.2021, registered at P.S Rani Bagh, Delhi under Sections 498A/406/354/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. The factual matrix giving rise to the instant case is that the marriage between Petitioner No. 1 and Respondent no. 2/complainant was solemnized on 09.11.2019 as per Hindu Rites and ceremonies at

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New Delhi. No child was born out of the said wedlock. However, on account of temperamental differences Petitioner No. 1 and Respondent No. 2 are living separately since 19.03.2021.

3. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. She further submits that petitioners forcibly pressured her to follow Muslim customs. Chargesheet has since been filed under sections 498A/406/354/34/298 IPC against the petitioners.

4. During the course of proceedings, the parties amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of Memorandum of Understanding dated 14.01.2025. In view of the aforesaid settlement, petitioner no. 1 and respondent no. 2 have obtained divorce on 08.05.2025. It is submitted that petitioner no. 1 has paid the entire settlement amount of Rs. 15,00,000/- (Rupees Fifteen Lacs only) to respondent no. 2 as per the schedule in the settlement. Copy of the Memorandum of Understanding dated 14.01.2025 has been annexed as Annexure B.

5. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Pardeep from PS Rani Bagh.

6. Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she

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has received the entire settlement amount and has no objection if the

FIR No. 1444/2021 is quashed against the Petitioners.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 1444/2021 is quashed.

In view of the settlement between the parties, learned

8. Hon’ble Supreme Court has recognized the need of amicablesettlement of disputes in Rangappa Javoor vs The State Of Karnataka And Another, Diary No. 33313/2019, 2023 LiveLaw (SC) 74, Jitendra Raghuvanshi & Ors. vs Babita Raghuvanshi & Anr., (2013) 4 SCC 58 & in Gian Singh vs State of Punjab (2012) 10 SCC 303.

9. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to quietus if the parties have reached an amicable settlement. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC.

10. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.

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11. In the interest of justice, the petition is allowed, and the FIR No. 1444/2021, dated 27.12.2021, registered at P.S Rani Bagh, Delhi under section 498A/406/354/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

12. Petition is allowed and disposed of accordingly.

13. Pending application(s), if any, also stand disposed of.

September 11, 2025 SK

RAVINDER DUDEJA, J

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