Servandra Srivastava v. The State of NCT of Delhi & Anr

O R D E R %

17.11.2025

¶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 petitioner praying for the quashing of FIR bearing no.698/2022, registered at Police Station – Uttam Nagar, for 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 15.02.2010, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶3Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no.2 got FIR no.698/2022 registered.

¶4However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 18.09.2025. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as "Annexure C" to the petition. In pursuance of the said settlement, the parties have agreed voluntarily, without any threat and coercion to settle their disputes (past, present, future) mutually and amicably and thereafter both the parties have started living together as husband and wife.

¶5It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Deed dated 18.09.2025.

¶6Heard. Issue notice.

¶7Learned 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 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.

¶9The 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.

¶10In 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. been imposed upon her by the petitioner or any person related to him.

¶11In 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.

¶12Furthermore, 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 impact the conscience of society, and that the compromise between the parties is voluntary and amicable.

¶13The petitioner is present before this Court and has been identified by his counsel and the Investigating Officer, Police Station – Uttam Nagar. Respondent no.2 is also present in the Court and has been identified by her counsel and the concerned Investigating Officer.

¶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 have been bad The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. towards her after entering into this compromise. 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 bearing no.698/2022, registered at Police Station – Uttam Nagar, for offences punishable under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioner.

¶16The petition, along-with pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J

NOVEMBER 17, 2025/AS/ryp

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. 8111/2025 SERVANDRA SRIVASTAVA .....Petitioner Through: Mr. Amarish Chandra Tiwar, Adv. Petitioner in person. versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. SI Ramniwas, PS Uttam Nagar Respondent no.2 in person. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL