Bharat Soni v. The State Govt. of NCT of Delhi and Anr

O R D E R %

12.11.2025

¶1The 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 petitioner praying for the quashing of FIR bearing no. 0161/2021, registered at Police Station – Khairthal Distt. Bhiwandi, Rajasthan, for offences punishable under Sections 323/406/498-A/506/509 of the Indian Penal Code, 1860 (hereinafter "IPC").

¶2The brief facts concerning the present dispute are that the marriage between petitioner and respondent no. 2 was solemnized on 27.01.2019, according to Hindu rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶3Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no. 2 got FIR no. 0161/2021 registered.

¶4Thereafter, respondent no. 2 filed a transfer petition before the Hon'ble Supreme Court as Transfer Petition (Criminal) No. 313/2023, titled Khushbu Daswani v. The State of Rajasthan & Anr., wherein, vide order dated 20.09.2023, the Hon'ble Supreme Court allowed the said petition and transferred the case to the Court of M.M., Saket Courts, New Delhi.

¶5However, at this stage, with the intervention of family members and relatives, both the parties have entered a settlement on 28.03.2024. The terms and conditions of the said settlement are mentioned in the Memorandum of Understanding dated 28.03.2024 (hereinafter "MOU") which is annexed as "Annexure-E" 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

24.05.2024 was passed by the Court concerned.

¶6Learned counsel appearing on behalf of the petitioner 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 and all disputes of any nature whatsoever for a sum of ₹ 6,00,000/-.

¶7At this juncture, respondent no. 2 appearing in person submitted that she has received the entire amount as per the terms of the MOU.

¶8It is, thus, prayed that the instant FIR be quashed on the basis of MOU. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶9Learned 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 petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

¶10Heard learned counsel for the parties and perused the record.

¶11The petitioner is present before this Court and has been identified by his counsel and the Investigating Officer, Police Station Khairthal Distt. Bhiwandi, Rajasthan. Respondent no. 2 is also present in the Court and has been identified by her counsel as well as the concerned Investigating Officer.

¶12The 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.

¶13In 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.

¶14In 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶15Furthermore, 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 Courts under Section 482 of the CrPC/Section 528 of the BNSS can be invoked even when such a case falls within the ambit of non-compoundable offences, given that the Court is satisfied that the nature of the offence does not impact the conscience of society, and that the compromise between the parties is voluntary and amicable.

¶16In the present case, the complainant/respondent no. 2 is present in Court and has categorically stated that she has entered into compromise and settled the entirety of disputes with the petitioners amicably and of her own free will, without any pressure or coercion. There is also no allegation from respondent no. 2 that the conduct and antecedents of petitioners have been bad towards her after entering into this compromise. As per the settlement agreement, respondent no. 2 has received the entire settled amount. Further, she submits that she has no objection to the present FIR being quashed.

¶17Therefore, in view of the settlement arrived at between the parties and the law laid down by the Hon'ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing no. 0161/2021, registered at Police Station – Khairthal Distt. Bhiwandi, Rajasthan, for offences punishable under Sections 323/406/498-A/506/509 of the IPC, and all consequential proceedings emanating therefrom stand quashed qua the present petitioner.

¶18Children from the wedlock, if any, are free to assert their rights in accordance with law.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶19The petition, along with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J

NOVEMBER 12, 2025

gs/dd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 126/2025 BHARAT SONI .....Petitioner Through: Mr. Sarthak Tagra and Mr. Avinash Kapoor, Advs. along with petitioner in person versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with Ms. Upasna Bakshi, Adv. Mr. Shivdeep Kumar Tripathi, Adv. for R-2 along with respondent no. 2 in person CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL