$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5136/2025 PRADEEP KUMAR & ORS. .....Petitioners Through: Mr. Bishnu Kumar, Adv. along with petitioners in person versus THE STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with SI Muskan, PS Jahangir Puri with SI Vivek and Inspector Satvinder Singh Respondent no. 2 in person CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 11.12.2025

1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal Procedure, 1973) has been filed on behalf of the petitioners praying for the quashing of FIR No. 399/2022, registered at Police Station Jahangir Puri, Delhi, for offences punishable under Sections 406/498-A/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).

2. The brief facts concerning the present dispute are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 10.01.2019, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately.

3. Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no. 2 got FIR no. 399/2022 registered.

4. However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 20.10.2023 before the Delhi Mediation Centre, Rohini District Courts, Delhi. The terms and conditions of the said settlement are mentioned in the Settlement Agreement dated 20.10.2023 which is annexed as “Annexure P-1” 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 and accordingly, a divorce decree dated

04.06.2024 was passed by the Court concerned.

5. Learned 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 ₹1,00,000/-, out of which a remaining amount of ₹ 30,000/- was agreed to be paid at the time of quashing of the FIR.

6. At this juncture, the respondent no. 2 appearing in person submits that she has received the entire amount as per the terms of the aforesaid Settlement Agreement.

7. It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Agreement dated 20.10.2023.

8. 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.

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

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

11. The 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.

12. 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 petitioners or any person related to them.

13. In the case of State of Madhya Pradesh v. 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, c