Delhi High Court – Orders
Tauqueer Sammani & Ors vs The State Of N.C.T. Of Delhi on 17 February, 2026
Author: Prateek Jalan
Bench: Prateek Jalan
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8480/2025 & CRL.M.A. 35454/2025, 5319/2026
TAUQUEER SAMMANI & ORS. .....Petitioners
Through: Mr. Santosh Kumar & Mr.
Dipanshu Sharma, Advocates. [M:-
7701925499]
versus
THE STATE OF N.C.T. OF DELHI .....Respondent
Through: Mr. Hitesh Vali, APP for State.
SI Prashant Sharma, PS Sadar
Bazar.
Mr. Shamim A. Khan, Advocate
alongwith R-2 in Person.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 17.02.2026
1. The petitioners have filed this petition under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2019 [“BNSS”] (corresponding to
Section 482 of the Code of Criminal Procedure, 1973 [“CrPC“]) seeking
quashing of FIR No. 715/2021 dated 02.12.2021, registered at Police
Station Sadar Bazar, under Sections 498A/406/34 of the Indian Penal
Code, 1860 [“IPC“], and all 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. Shamim A. Khan,
learned counsel, accepts notice on behalf of respondent No. 2.
CRL.M.C. 8480/2025 Page 1 of 6
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3. The petition is taken up for disposal with the consent of learned
counsel for the parties.
4. 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.
5. The impugned FIR is 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. Petitioner No. 3 is the sister of petitioner No. 1.
6. The petitioner No. 1 and respondent No. 2 were married on
30.08.2012. Two children were born from the wedlock. The son was born
on 19.06.2013 and the daughter was born on 31.07.2016.
7. Respondent No.2 lodged a formal complaint before the Crime
against Women Cell, and the same culminated into the impugned FIR,
against four accused persons, being her husband, father-in-law, mother-
in-law, and her sister-in-law.
8. A chargesheet was subsequently filed against all four accused.
During the pendency of the proceedings, the father-in-law of respondent
No. 2 passed away, and proceedings against him, therefore, stand abated.
9. The parties have entered into a settlement, recorded in a Settlement
Order dated 27.03.2024, under the aegis of Mediation Centre, Tis Hazari
Courts.
10. Learned counsel for the parties confirm that the settlement has been
entered into voluntarily and without any coercion or undue pressure.
11. Pursuant to the settlement, the marriage has been dissolved by a
Deed of Khulla & Mubarat [Dissolution of Marriage] by mutual consent
CRL.M.C. 8480/2025 Page 2 of 6
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dated 03.07.2024.
12. In light of the aforesaid, parties seek quashing of the impugned
FIR.
13. Although the offence under Section 498A of IPC is non-
compoundable, the Supreme Court has clearly held that, in certain
circumstances, the High Courts, in exercise of their powers under Section
528 of BNSS (corresponding to Section 482 of CrPC), 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.
14. The Supreme Court, in Gian Singh v. State of Punjab & Anr.1 has
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,1
(2012) 10 SCC 303.
CRL.M.C. 8480/2025 Page 3 of 6
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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
2
prescribed.”
Further, in Narinder Singh & Ors. v. State of Punjab & Anr.3, 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.
2
Emphasis supplied.
3
(2014) 6 SCC 466.
CRL.M.C. 8480/2025 Page 4 of 6
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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.
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.”4
15. 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 the 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.
16. The settlement contemplates payment of a sum of Rs. 4,00,000/- to
respondent No. 2, who states that Rs. 2,00,000/- has already been
CRL.M.C. 8480/2025 Page 5 of 6
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received by her. The balance amount of Rs. 2,00,000/-, as contemplated
in the settlement, is handed over in Court to respondent No. 2. There is
therefore no impediment to the grant of the relief sought.
17. The parties have also agreed a further payment by the petitioners of
Rs. 20,000/- to respondent No. 2, on account of litigation costs, out of
which Rs. 10,000/- has been handed up in Court to respondent No. 2
today. The remaining amount of Rs. 10,000/- will be paid to her within 2
weeks from today. Affidavit of compliance to be filed within three days
thereafter.
18. Having regard to the above discussion, the petition is allowed, and
FIR No. 715/2021 dated 02.12.2021, registered at Police Station Sadar
Bazar, under Sections 498A/406/34 of the IPC, alongwith all
consequential proceedings arising therefrom, is hereby quashed.
19. The parties will remain bound by the terms of the settlement.
20. The petition accordingly stands disposed of.
21. It is, however, made clear that the settlement and the present order
will not, in any way, affect the rights of the minor children, whose
custody remains with respondent No. 2.
PRATEEK JALAN, J
FEBRUARY 17, 2026
‘pv’/AD/
4
Emphasis supplied.
CRL.M.C. 8480/2025 Page 6 of 6
This is a digitally signed order.
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