Ankur Kohli and Others v. The State NCT of Delhi and Anr

JUDGMENT(ORAL)

RAVINDER DUDEJA, J.

¶1This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 266/2011, dated

18.07.2011, registered at P.S Mukherjee Nagar, Delhi under Sections 498A/406 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

¶2The factual matrix giving rise to the instant case is that the marriage between Petitioner No. 1 and Respondent no. 2/complainant was solemnized on 12.11.2009 as per Hindu Rites and ceremonies at Delhi. One Child was born out of the said wedlock. Due to temperamental differences Petitioner No. 1 and Respondent no. 2 have been living separately since 19.01.2012.

¶3As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the Petitioners. Chargesheet has since been filed under sections 498A/406 IPC against the Petitioners.

¶4During the course of proceedings, the parties amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of a Memorandum of Understanding dated

14.03.2023. It is submitted that petitioner no. 1 and respondent no. 2 have obtained divorce by mutual consent on 20.04.2023 and petitioner no. 1 has paid the entire settlement amount of Rs. 22,00,000/- (Rupees Twenty Two Lacs Only) to respondent no. 2 as per the schedule of the settlement. It is further submitted that the custody of the child shall be with respondent no. 2 with no visitation rights to petitioner no. 1. Copy of the Memorandum of Understanding dated 14.03.2023 has been annexed as Annexure P-3.

¶5Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Sanjeeta, PS Mukherjee Nagar.

¶6Respondent no. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has received the total settlement amount and has no objection if the FIR No. 266/2011 is quashed against the Petitioners.

¶7In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 266/2011 is quashed.

¶8Hon'ble Supreme Court has recognized the need of amicable settlement of disputes in Rangappa Javoor vs The State Of Karnataka And Another, Diary No. 33313/2019, 2023 LiveLaw (SC) 74, Jitendra Raghuvanshi & Ors. vs Babita Raghuvanshi & Anr.,

(2013) 4 SCC 58 & in Gian Singh vs State of Punjab (2012) 10 SCC

303.

¶9Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC.

¶10In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.

¶11The petition is allowed, and the FIR No. 266/2011, dated

18.07.2011, registered at P.S Mukherjee Nagar, Delhi under section 498A/406 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

¶12Petition is allowed and disposed of accordingly.

¶13Pending application(s), if any, also stand disposed of. RAVINDER DUDEJA, J November 13, 2025 SK

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13.11.2025 ,,,,,,,,,, + CRL.M.C. 8039/2025 & CRL.M.A. 33597/2025EXEMPTION FROM FILING CERTIFIED COPIES ETC., CRL.M.A. 33598/2025 DELAY 153 DAYS IN RE-FILING OF PETITION. ANKUR KOHLI AND OTHERS .....Petitioners Through: Mr. Manish Kumar Pathak, Ms. Jemini Jaiswar, Advs. along with petitioners in person. versus THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Satinder Singh Bawa, APP with SI Sanjeeta, PS Mukherjee Nagar. Mr. Deepak Jain & Ms. Shanu Khan, Advs. for R-2 along with R-2 in person. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA