Prince Arora v. State of NCT Delhi & Anr

O R D E R %

11.11.2025

¶1The instant petition under Article 226/227 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") has been filed on behalf of the petitioner praying for the quashing of FIR bearing no. 0101/2024, registered at Police Station – Mansarovar Park, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

¶2The brief facts concerning the present dispute are that the marriage between petitioner and respondent no. 2 was solemnized on 20.11.2021, 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. 0101/2024 registered.

¶4However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 27.09.2024 before the Mediation Centre, Family Court, Shahdara, Karkardooma Courts. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as "Annexure-B" to the petition. In pursuance of the said settlement, the parties have jointly agreed that they shall move for divorce under Section 13B (1) and under Section 13B (2) of the Hindu Marriage Act, 1955 (hereinafter "HMA") and accordingly, a divorce decree dated

15.05.2025 was passed by the Court concerned.

¶5Learned counsel appearing on behalf of the petitioner 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 ₹4,00,000/-.

¶6It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Deed dated 27.09.2024.

¶7Learned ASC 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 petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

¶8Heard 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.

¶9The petitioner is present before this Court and has been identified by his counsel and the Investigating Officer, Police Station Mansarovar Park. Respondent no. 2 is also present in the Court and has been identified by the counsel and the concerned Investigating Officer.

¶10The 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.

¶11In 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.

¶12In 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.

¶13Furthermore, 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.

¶14In 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 petitioner 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 petitioner has been bad towards her after entering into this compromise. As per the Compromise Deed, respondent no. 2 has received the entire settled amount. Further, she submits that she has no objection to the present FIR being quashed.

¶15Therefore, 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. 0101/2024, registered at Police Station – Mansarovar Park, for the offences punishable under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioner.

¶16Children from the wedlock, if any, are free to assert their rights in accordance with law.

¶17The 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 + W.P.(CRL) 2449/2025, CRL.M.A. 23070/2025 & CRL.M.A. 23071/2025 PRINCE ARORA .....Petitioner Through: Mr. Gaurav Chaudhary, Adv. (through VC) Petitioner in person versus STATE OF NCT DELHI & ANR. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC for State with Mr. Alok Sharma, Adv. IO/ASI Sunil Kumar and SI Amit Beniwal, PS Mansarovar Park R-2 in person CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL