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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9186/2025 & CRL.M.A. 38377/2025

MR JAGDISH AND ORS. .....Petitioners

Through: Mr. Shailender Singh, Advocate with

Petitioners in person.

versus

THE STATE GOVT. OF N.C.T. OF DELHI AND ANR.

.....Respondents

Through: Mr. Hemant Mehla, APP for the State

with SI Rohitash Yadav, PS Neb

Sarai.

Mr. Shivam Chaudhary, Advocate for

R-2 with R-2 in person.

CORAM:

HON’BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 22.12.2025

1. This petition under Section 528 of the Bharatiya Nagarik Suraksha

Sanhita, 2023, “BNSS” (corresponding to Section 482 of the Code of Criminal

Procedure, 1973, “Cr.P.C.”) seeks quashing of FIR No. 57/2020, registered at P.S.

Neb Sarai for the offences under Sections 498A/406/34 of the Indian Penal

Code, 1860,, “IPC” and all other proceedings emanating therefrom.

2. Petitioner No. 1 is the husband and Petitioner Nos. 2 and 3 are the in-

laws of Respondent No. 2. The marriage between Petitioner No. 1 and

Respondent No. 2 was solemnized on 06^th November, 2011, as per Hindu

CRL.M.C. 9186/2025 Page 1 of 6

This is a digitally signed order.

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

The Order is downloaded from the DHC Server on 20/01/2026 at 00:46:03

rites and ceremonies. Parties have one child from this marriage. Due to

matrimonial discord and temperamental differences, the relationship

between the parties deteriorated, leading to separation in January, 2019.

Several efforts for reconciliation were made, but to no avail.

3. Subsequently, Respondent No. 2 lodged a complaint against the

Petitioners, alleging that she was subjected to cruelty, which later

culminated into the impugned FIR.

4. The parties of their own free will, without any coercion, pressure or

undue influence have amicably resolved all their disputes and differences.

Petitioner No. 1 and Respondent No. 2 have executed a Settlement Deed

dated 13^th November, 2025, whereby Respondent No. 2 has agreed to

withdraw all proceedings pending before various Courts. It has also been

agreed that the custody of the minor child shall rest with Petitioner No. 1

with visitation rights to Respondent No. 2. In furtherance of this settlement,

Petitioner No. 1 and Respondent No. 2 have obtained a decree of divorce by

mutual consent through order dated 15^th November, 2025 passed by the

Family Court, Meerut.

5. Respondent No. 2, who appears in person and is duly identified by the

Investigating Officer, confirms the settlement and gives her no objection to

the quashing of the impugned FIR. Noting that the Settlement Agreement

does not provide for any monetary compensation, the Court queried the

Complainant, who is assisted by her counsel, regarding her legal entitlement

to claim maintenance. The Complainant has stated that she is aware of her

legal rights and voluntarily waives the same. In light of the foregoing,

counsel for the parties jointly pray for the quashing of the impugned FIR.

6. The Court has considered the afore-noted facts. Notably, the offence

CRL.M.C. 9186/2025 Page 2 of 6

This is a digitally signed order.

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

The Order is downloaded from the DHC Server on 20/01/2026 at 00:46:03

under Section 498A of IPC is non-compoundable, while the offence under

Section 406 of IPC is compoundable in certain cases.

7. It is well-established that the High Courts, in exercise of their powers

under Section 528 of BNSS (corresponding to Section 482 of CrPC), can

compound offences which are non-compoundable on the ground that there is

a compromise between the accused and the complainant. In Narinder Singh

& Ors. v. State of Punjab & Anr.,, (2014) 6 SCC 466 the Supreme Court laid down guidelines

for High Courts while accepting settlement deeds between parties and

quashing the proceedings. The relevant observations in the said decision

read as under:

“29. In view of the aforesai