Delhi High Court – Orders
Arun Kumar & Anr vs State Govt. Of Nct Of Delhi & Anr on 4 May, 2026
Author: Prateek Jalan
Bench: Prateek Jalan
$~104-Q
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3379/2026 & CRL.M.A. 13653/2026
ARUN KUMAR & ANR. .....Petitioners
Through: Mr. Hemant Kumar, Mr. Adeel
Ahmed, Advs.
versus
STATE GOVT. OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Hitesh Vali, APP
Mr. Vikrant Panchnanda, SPP with
Mr. Mukul Katyal, Advs. For CBI
Mr. Munish Kumar Sharma, Mr.
Sachin Kumar, Advs for R-2
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 04.05.2026
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. 393/2022 dated 20.07.2022, registered at Police
Station Harsh Vihar, District North East, under Sections 498A/406/34 of
the Indian Penal Code, 1860 [“IPC“], alongwith all consequential
proceedings emanating therefrom, on the ground of settlement.
2. Issue notice. Mr. Hitesh Vali, learned Additional Public
Prosecutor, accepts notice on behalf of the State. Mr. Munish Kumar
Sharma, learned counsel, accepts notice on behalf of respondent No. 2.
3. The impugned FIR was registered at the instance of respondent No.
2, who was the wife of petitioner No. 1. Petitioner No. 2 is the mother of
petitioner No. 1.
4. The marriage between petitioner No. 1 and respondent No. 2 was
CRL.M.C. 3379/2026 Page 1 of 5
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solemnised on 16.06.2020, as per Hindu rites and ceremonies. However,
due to matrimonial discord and temperamental differences, the parties
have been living separately since 26.10.2020. No child was born from the
wedlock.
5. Subsequently, respondent No. 2 lodged a formal complaint before
the Crime against Women Cell against her husband and his family
members, alleging cruelty over demands of dowry, which culminated in
the impugned FIR.
6. Upon completion of the investigation, a chargesheet was filed on
10.12.2023 under Sections 498A/406/34 of the IPC and Section 4 of the
Dowry Prohibition Act, 1961, against the petitioners. The brother of
petitioner No. 1, Mohit, was placed in Column 12 of the chargesheet.
7. The parties have entered into a settlement before the Counselling
Cell, Family Courts, Karkardooma Courts, on 16.10.2023. The settlement
contemplates payment of Rs. 1,50,000/- to respondent No. 2 as full and
final settlement of all claims. The parties agreed to withdraw/quash all
pending litigation between them.
8. Pursuant to the settlement, the marriage between the parties has
been dissolved by a decree of divorce by mutual consent, passed by the
Family Court on 28.05.2024.
9. In light of the aforesaid, the parties seek quashing of the impugned
FIR.
10. The petitioners are present in Court, and have been duly identified
by their learned counsel as well as by the Investigating Officer [“IO”].
Respondent No. 2 is present in person, and has been identified by her
counsel and the IO.
11. Learned counsel for the parties also confirm that the settlement has
CRL.M.C. 3379/2026 Page 2 of 5
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been entered into voluntarily and without any coercion or undue pressure.
12. The Supreme Court has clearly held that, in certain circumstances,
the High Courts, in exercise of their powers under Section 482 of the
CrPC [corresponding to Section 528 of the 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.
13. In Gian Singh v. State of Punjab and Anr. [(2012) 10 SCC 303],
the Supreme Court 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,
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 byCRL.M.C. 3379/2026 Page 3 of 5
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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
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.
CRL.M.C. 3379/2026 Page 4 of 5
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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.]
14. 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 their continuation would be an empty formality, adding to
the burden of the justice system and consuming public resources
unnecessarily.
15. The settlement contemplates payment of Rs. 1,50,000/- to
respondent No. 2, which she confirms before the Court as having been
received in entirety. There is, therefore, no impediment to the grant of the
relief sought.
16. Having regard to the above discussion, the petition is allowed, and
FIR No. 393/2022 dated 20.07.2022, registered at Police Station Harsh
Vihar, District North East, under Sections 498A/406/34 of the IPC,
alongwith all consequential proceedings arising therefrom, is hereby
quashed.
17. The petition, alongwith the pending application, stands disposed of.
PRATEEK JALAN, J
MAY 4, 2026
Tg/JM/
CRL.M.C. 3379/2026 Page 5 of 5
This is a digitally signed order.
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