Delhi High Court – Orders
Pawan @ Pawan Kumar & Ors vs The State Govt. Of Nct Of Delhi And Anr on 27 February, 2026
Author: Prateek Jalan
Bench: Prateek Jalan
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9040/2025 & CRL.M.A. 37813/2025
PAWAN @ PAWAN KUMAR & ORS. .....Petitioners
Through: Mr. Raj Kumar and Md. Anish,
Advocates.
versus
THE STATE GOVT. OF NCT
OF DELHI AND ANR. .....Respondents
Through: Ms. Manjeet Arya, APP with Mr.
Abhimanyu Arya, Advocate with
SI Arvind.
Ms. Tripti Saxena and Ms. Manshi
Tanwar, Advocates with R2 in
person.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 27.02.2026
1. The petitioners have filed this petition under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] (corresponding to
Section 482 of the Code of Criminal Procedure, 1973 [“CrPC“]) seeking
quashing of FIR No. 330/2019 dated 06.12.2019, registered at Police
Station Gokul Puri, District North-East, New Delhi, under Sections
498A/406/325/34 of the Indian Penal Code, 1860 [“IPC“], and all
proceedings emanating therefrom, on the ground of settlement.
2. Issue notice. Ms. Manjeet Arya, learned Additional Public
Prosecutor, accepts notice on behalf of the State. Ms. Tripti Saxena,
CRL.M.C. 9040/2025 Page 1 of 6
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learned counsel, accepts notice on behalf of respondent No. 2 –
complainant.
3. The petition is taken up for disposal with the consent of learned
counsel for the parties.
4. Petitioner No. 1 and respondent No. 2 were married on 06.08.2018.
Due to matrimonial discord and temperamental differences between the
parties, they have been living separately since 26.06.2019. No child was
born from the wedlock.
5. Respondent No. 2 lodged a formal complaint before the Crime
against Women Cell, which culminated into the impugned FIR, against
three accused persons, namely her husband, brother-in-law, and sister-in-
law. A chargesheet was subsequently filed; however, charges have not yet
been framed.
6. The parties have since entered into a settlement dated 13.05.2025,
under the aegis of Delhi Mediation Centre, Karkardooma Court, New
Delhi. In light of the aforesaid, they seek quashing of the impugned FIR.
7. The petitioners are present in Court, and are identified by their
learned counsel, as well as by the Investigating Officer [“IO”].
Respondent No. 2 is also present in person, and is identified by her
learned counsel and the IO.
8. Pursuant to the settlement, the marriage between petitioner No. 1
and respondent No. 2 has been dissolved by a decree of divorce by
mutual consent, passed by the Family Court on 16.09.2025.
9. The settlement contemplates payment of a sum of Rs. 5,05,000/- by
petitioner No. 1 to respondent No. 2. I am informed that an amount of
Rs.2,50,000/- has already been paid in terms of the settlement. The
CRL.M.C. 9040/2025 Page 2 of 6
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remaining amount of Rs. 2,55,000/- has been paid to respondent No. 2
today.
10. Learned counsel for the parties confirm that the settlement has been
entered into voluntarily, without any force or coercion.
11. Although the offence under Section 498A of the IPC is non-
compoundable, the Supreme Court has clearly held that, in certain
circumstances, the High Courts, in exercise of their powers under Section
482 of CrPC [corresponding to Section 528 of BNSS], can quash criminal
proceedings, even with respect to non-compoundable offences, on the
ground that there is a compromise between the accused and the
complainant, especially when no overarching public interest is adversely
affected.
12. The Supreme Court, in Gian Singh v. State of Punjab and Anr.
[(2012) 10 SCC 303], held as follows:
“58. Where the High Court quashes a criminal proceeding having
regard to the fact that the dispute between the offender and the victim
has been settled although the offences are not compoundable, it does
so as in its opinion, continuation of criminal proceedings will be an
exercise in futility and justice in the case demands that the dispute
between the parties is put to an end and peace is restored; securing
the ends of justice being the ultimate guiding factor. No doubt, crimes
are acts which have harmful effect on the public and consist in
wrongdoing that seriously endangers and threatens the well-being of
the society and it is not safe to leave the crime-doer only because he
and the victim have settled the dispute amicably or that the victim has
been paid compensation, yet certain crimes have been made
compoundable in law, with or without the permission of the court. In
respect of serious offences like murder, rape, dacoity, etc., or other
offences of mental depravity under IPC or offences of moral turpitude
under special statutes, like the Prevention of Corruption Act or the
offences committed by public servants while working in that capacity,
the settlement between the offender and the victim can have no legal
sanction at all. However, certain offences which overwhelmingly and
predominantly bear civil flavour having arisen out of civil, mercantile,CRL.M.C. 9040/2025 Page 3 of 6
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commercial, financial, partnership or such like transactions or the
offences arising out of matrimony, particularly relating to dowry, etc.
or the family dispute, where the wrong is basically to the victim and
the offender and the victim have settled all disputes between them
amicably, irrespective of the fact that such offences have not been
made compoundable, the High Court may within the framework of
its inherent power, quash the criminal proceeding or criminal
complaint or FIR if it is satisfied that on the face of such settlement,
there is hardly any likelihood of the offender being convicted and by
not quashing the criminal proceedings, justice shall be casualty and
ends of justice shall be defeated. The above list is illustrative and not
exhaustive. Each case will depend on its own facts and no hard-and-
fast category can be prescribed.”
[Emphasis supplied.]
Further, in Narinder Singh and Ors. v. State of Punjab and Anr. [(2014) 6
SCC 466], the Supreme Court has also 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 aforesaid discussion, we sum up and lay down the
following principles by which the High Court would be guided in
giving adequate treatment to the settlement between the parties and
exercising its power under Section 482 of the Code while accepting the
settlement and quashing the proceedings or refusing to accept the
settlement with direction to continue with the criminal proceedings:
29.1. Power conferred under Section 482 of the Code is to be
distinguished from the power which lies in the Court to compound the
offences under Section 320 of the Code. No doubt, under Section 482
of the Code, the High Court has inherent power to quash the criminal
proceedings even in those cases which are not compoundable, where
the parties have settled the matter between themselves. However, this
power is to be exercised sparingly and with caution.
29.2. When the parties have reached the settlement and on that basis
petition for quashing the criminal proceedings is filed, the guiding
factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on
either of the aforesaid two objectives.
29.3. Such a power is not to be exercised in those prosecutions which
involve heinous and serious offences of mental depravity or offences
like murder, rape, dacoity, etc. Such offences are not private in nature
CRL.M.C. 9040/2025 Page 4 of 6
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and have a serious impact on society. Similarly, for the offences
alleged to have been committed under special statute like the
Prevention of Corruption Act or the offences committed by public
servants while working in that capacity are not to be quashed merely
on the basis of compromise between the victim and the offender.
29.4. On the other hand, those criminal cases having overwhelmingly
and predominantly civil character, particularly those arising out of
commercial transactions or arising out of matrimonial relationship
or family disputes should be quashed when the parties have resolved
their entire disputes among themselves.
29.5. While exercising its powers, the High Court is to examine as to
whether the possibility of conviction is remote and bleak and
continuation of criminal cases would put the accused to great
oppression and prejudice and extreme injustice would be caused to
him by not quashing the criminal cases.”
[Emphasis supplied.]
13. In the present case, the proceedings between the parties arise out of
a matrimonial relationship, which has already culminated in a decree of
divorce. Applying the tests laid down by the Supreme Court, it may be
observed that respondent No. 2 has also categorically affirmed the
voluntary nature of the settlement before the Court. In these
circumstances, the criminal proceedings are unlikely to result in
conviction, and its continuation would be an empty formality, adding to
the burden of the justice system and consuming public resources
unnecessarily.
14. As noted above, the settlement amount of Rs. 5,05,000/- has been
received by respondent No. 2. There is, therefore, no impediment to the
grant of the relief sought.
15. Having regard to the above discussion, the petition is allowed, and
FIR No. 330/2019 dated 06.12.2019, registered at Police Station Gokul
Puri, District North-East, New Delhi, under Sections 498A/406/325/34 of
the IPC, alongwith all consequential proceedings arising therefrom, is
CRL.M.C. 9040/2025 Page 5 of 6
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hereby quashed.
16. The parties will remain bound by the terms of the settlement.
17. The petition, alongwith pending application, stands disposed of.
PRATEEK JALAN, J
FEBRUARY 27, 2026
SS/KA/
CRL.M.C. 9040/2025 Page 6 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 03/03/2026 at 20:31:58