Deepak Pandey & Ors v. The State Govt of NCT of Delhi & Anr

O R D E R %

11.11.2025

¶1The 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 the quashing of FIR no. 310/2015, registered at Police Station – Khajuri Khas, for offences punishable under Sections 498A/406/174A/34 of the Indian Penal Code, 1860 (hereinafter "IPC") and Section 4 of the Dowry Prohibition Act, 1961.

¶2The brief facts concerning the present dispute are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on

20.02.2014, 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.

¶3Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no. 2 got FIR no. 310/2015 registered.

¶4Both the parties had already been divorced vide ex-parte judgment and decree dated 15.12.2023. The certified copy of ex-parte judgment of divorce along with decree sheet has been annexed as "Annexure P-2" to the petition.

¶5At this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 04.06.2024 before the Delhi Mediation Centre, Karkardooma Courts, Delhi. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as "Annexure P-3" to the petition.

¶6Learned counsel appearing on behalf of the petitioners submitted that respondent no. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewelleries, gift items and claims of past, present and future maintenance and permanent alimony with the petitioners and all disputes of any nature whatsoever for a sum of ₹7,25,000/-.

¶7It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Deed dated 04.06.2024.

¶8Learned 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.

¶9Heard learned counsel for the parties and perused the record. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶10The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer, Police Station Khajuri Khas. Respondent no. 2 is also present in the Court and has been identified by the counsel and the concerned Investigating Officer.

¶11The instant criminal proceedings concern non-compoundable offences that are private in nature and do not have a serious impact on society, especially considering that there is a settlement/compromise between the victim and the accused.

¶12In 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 petitioners or any person related to them.

¶13In 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 criminal proceedings featuring non-compoundable offences, when the matter arises out of matrimonial or family disputes. Moreover, it is pertinent to satisfy the Court that the said non-compoundable offences are private in nature and do not have a serious impact on society.

¶14Furthermore, 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 is satisfied that the nature of the offence does not The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. impact the conscience of society, and that the compromise between the parties is voluntary and amicable.

¶15In 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 entirety of disputes with the petitioners amicably and of 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 bad towards her after entering into this compromise. As per the Settlement Deed, respondent no. 2 has received the entire settled amount. Further, she submits that she has no objection to the present FIR being quashed.

¶16Therefore, 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 no. 310/2015, registered at Police Station – Khajuri Khas, for the offences punishable under Sections 498A/406/174A/34 of the IPC and Section 4 of the DP Act, and all consequential proceedings emanating therefrom stand quashed qua the present petitioners.

¶17Children from the wedlock, if any, are free to assert their rights in accordance with law.

¶18The petition, along-with pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J

NOVEMBER 11, 2025/ar/av

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

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2226/2025 DEEPAK PANDEY & ORS. .....Petitioners Through: Mr. Prabhjot Singh and Mr. Aniket Tyagi, Advs. along with petitioners versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. SI Sachin, PS Khajuri Khas Mr. Manish Kumar Verma, Adv. for R-2 along with R-2 CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL