Ms. Swati Gupta & ORS. v. The State Gnct Of Delhi & ORS.
$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MS. SWATI GUPTA & ORS.
.....Petitioners Through:
Mr. Rajeev Singh Chauhan and Mr.Wattan Sharma, Advocates with petitioners in person (through VC).
versus THE STATE GNCT OF DELHI & ORS.
.....Respondents Through:
Ms. Priyanka Dalal, APP for the State with WSI Sumon, Traffic.
SI Kuldeep, PS - Mangolpuri.
Mr. Vaibhav Mishra and Mr. Ankur, Advocates for respondent no. 2 along with respondent no. 2 (through VC).
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
O R D E R
% 28.07.2025 CRL.M.A. 9578/2025 Exemption allowed, subject to all just exceptions. The application stands disposed.
1.
Quashing of an FIR No. 974/2023 dated 28.09.2023, registered at Police Station Mangolpuri, Delhi under Sections 328/506 of IPC, along with all proceedings arising therefrom is sought herein on the basis of a family The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settlement deed dated 17.01.2025 arrived between the petitioners and Respondent No. 2.
2.
Learned counsel for the petitioners submits that the dispute emanated from a familial discord between Petitioner No. 1 (daughter-in-law) and the family of Respondent No. 2 (mother-in-law). It is further submitted that all disputes, including those constituting the subject matter of the impugned FIR, have been amicably resolved between the parties. 3.
Respondent No. 2, present in person and identified by the Investigating Officer, affirms that the matter has been settled in terms of the settlement deed dated 17.01.2025 without any element of coercion, threat, or undue influence. She further states that she has no objection to quashing of the FIR and is not inclined to support the prosecution of the petitioners. 4.
The Investigating Officer confirms that the charge sheet has not yet been filed in the present case. The IO has also verified the identity of the parties and the authenticity of the settlement deed. 5.
On perusal of the record, including the settlement deed and the statements of the parties recorded before this Court, it is evident that the settlement has been arrived voluntarily, and its terms have already been partly acted upon.
6.
Having interacted with the complainant and given that dispute appears to be entirely family matter not involving either public interest or societal interest, it would be an exercise in futility to continue with the further criminal proceedings.It would amount to an abuse of the process of law, apart from imposing a heavy burden on the judicial system as well as wasteful expenditure of the public by the prosecution. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
The genuineness of compromise is not in dispute. However, since the trial Court was not empowered to compound certain offences, the criminal proceedings could not be dropped. Reference in this context may be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 3031.
8.
Taking a wholesome view and in order to let the parties to enjoy mutual cordiality and the family bonhomie, which will go long way to establish peace rather than promote hostility in case further proceedings continue, this is a fit case to exercise inherent power under 528 of BNSS in quashing the FIR in question.
9.
Accordingly, the petition is allowed. The FIR No. 947/2023 dated 28.09.2023 registered at Police Station Mangolpuri, Delhi, for the offences punishable under Sections 328/506 IPC along with all consequential proceedings arising therefrom are hereby quashed. 10.
All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J JULY 28, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.