$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5550/2025 DEEPAK TANDON & ORS. .....Petitioners Through: Mr. S. P Sharma, Mr. Deepak Sharma and Mr. Javed, Advs. with the petitioners in person versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with Ms. Divya Bakshi, Adv. along with SI Mukesh Yadav, PS Rajouri Garden Mr. Tehzibur Rehman, Adv. along with respondent no. 2 in person CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 03.12.2025

1. The 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 bearing no. 56/2019, registered at Police Station – Rajouri Garden, for offences punishable under Sections 498A/406/34 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 30.04.2012, 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. 56/2019 registered.

4. However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 31.07.2024 before the concerned Family Court, Tis Hazari Courts. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as “Annexure A” 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 28.09.2024 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. 6. It is, thus, prayed that the instant FIR be quashed on the basis of compromise.

7. Heard. Issue notice.

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 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.

11. 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.

12. In 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.

13. Furthermore, 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 Cour