Shri Bhagwan & ORS. v. The State Of NCT Of Delhi & ANR.
$~45 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01st July, 2026 + CRL.M.C. 4497/2026&CRL.M.A. 18508/2026 SHRI BHAGWAN & ORS.
.....Petitioners Through:
Mr. Vishwjeet Dev and Mr. Ajit Shivach, Advs.
versus THE STATE OF NCT OF DELHI & ANR.
.....Respondent Through:
Mr. Rajkumar, APP for the State.
SI Sandeep, P.S. Aman Vihar.
+ CRL.M.C. 4437/2026&CRL.M.A. 18299/2026 SHRI BHAGWAN & ANR.
.....Petitioners Through:
Mr. Laksh Khanna, Ms. Diksha Suri & Ms. Riya Jain, Advs.
Mr. Vishwjeet Dev and Mr. Ajit Shivach, Advs.
versus THE STATE OF NCT DELHI & ANR.
.....Respondents Through:
Mr. Rajkumar, APP for the State.
SI Sandeep, P.S. Aman Vihar.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1.
Both the petitions, being connected and inter-related, have been taken up together.
CRL.M.C. 4497/2026 & CRL.M.C. 4437/2026 1
2.
Petitioners in CRL. M.C. No. 4437 of 2026 seek quashing of FIR No. 1158/2017 dated 01.11.2017, registered at Police Station Aman Vihar, for commission of offences under Sections 307/34 IPC, 25/27 Arms Act, 1959, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
3.
Marriage between complainant Pooja and Shri Bhagwan (petitioner No.1) was solemnized on 14.12.2015, as per Hindu rites and customs. They were blessed with a baby girl on 17.12.2016.
4.
Ms. Rajesh Devi (Mother of Pooja) lodged a complaint with the Police which resulted in registration of abovesaid FIR and in her such complaint, she claimed that her son in law i.e. Shri Bhagwan had come to her house and started quarrelling with her and wanted to take back his grand-daughter, forcibly. At that time, Pooja was also at her parental home. Shri Bhagwan had come armed with a pistol (Katta) and attempted to fire but, fortunately, the pistol malfunctioned and, therefore, it did not result in any injury to anyone. On the basis of above said complaint, Shri Bhagwan was arrested. At the time of the above said incident, Shri Bhagwan had come with his friend Manish who was also sharing common intention with him. 5.
Smt. Pooja also made a complaint against her husband and her in-laws which resulted in registration of FIR No. 1166/2018 under Sections 498-A/406/34/IPC P.S. Aman Vihar and the other petition i.e. CRL. M.C. 4497 of 2026 seeks quashing of such FIR, on the basis of amicable settlement. 6.
In relation to the case registered for offences under Section 498A/406/34/IPC, when the matter was referred to Delhi Mediation Centre, Rohini District Court, Delhi, the parties were able to resolve all their disputes on 09.02.2023 and both the sides agreed to live together in complete peace CRL.M.C. 4497/2026 & CRL.M.C. 4437/2026 2
and harmony.
7.
Ms. Pooja as well as her mother Smt. Rajesh Devi are present in person. Concerned IO is also present who identifies both of them. 8.
Ms. Pooja submits that she has entered into the settlement voluntarily and without any force or coercion and states that she is living happily with her husband for last around 3 years and she would have no objection if both the FIRs are quashed. She states that no dispute survives between them and the pendency of the above said criminal matters would have adverse effect upon their family, and in particular to their own child. 9.
Smt. Rajesh Devi also submits that her son-in-law has already remained behind bars for around 42 days and has apologized and she has, already, accepted his apology and is no longer interested in pursuing with the above said criminal case related to commission of offence under Section 307/34 IPC. She states that her daughter is residing in complete harmony with her husband and other in-laws and in order to ensure that there is no turmoil or disturbance in her marital life, she would have no objection if the above said FIR No. 1158/2017 is also quashed.
10.
The affidavits of Ms. Pooja and Smt. Rajesh Devi are already on record in which they have also given their 'no objection' for the quashing of the above said FIRs.
11.
As already noted above, though Shri Bhagwan had come armed with a katta, since it malfunctioned, nobody got any injury on account of such fire arm. Moreover, as already noted above, he is already remorseful for his act and conduct and has apologised to his in-laws and his such apology has already been accepted by the complainant. Smt. Rajesh Devi, therefore, states that she would have no objection if FIR in question is quashed in toto i.e. CRL.M.C. 4497/2026 & CRL.M.C. 4437/2026 3
against his son-in-law and his friend Manish. The affidavits of respondents in both the cases, giving their 'no objection' to the quashing of respective FIRs have also been placed on record.
12.
Petitioners place reliance upon Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303. Reference is also made to the following observations made in Antonnette Promilla Fernanadez v. State NCT of Delhi and Another:2026 SCC OnLine Del 809:- "15. It is now well settled that, even in the case of non-compoundable offences, the High Court may exercise inherent powers, recognised by Section 482 of the CrPC and Section 528 of the BNSS, to quash proceedings based on a compromise between the parties. However, the aforesaid power is discretionary, and certain principles have been laid down, which guide the Court in adjudicating an application of this nature."
13.
Reference be also made to Mohd. Umair@Umer v. State (Govt NCT of Delhi) And Ors And Anr. (in CRL.M.C.674/2021; DoD 12.03.2021), wherein this Court, after considering the nature of the offence, age of the accused and amicable settlement between the parties, quashed the proceedings in relation to offence under Section 307 IPC 14.
Keeping in mind the overall facts of the case and the fact that parties have settled their all disputes amicably and the complainants do not want to pursue their complaints, continuing with criminal proceedings would serve no useful purpose especially, when the couple is enjoying matrimonial bliss. Moreover, the dispute does not involve any public interest and is, primarily, private in nature.
15.
Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash both the above FIRs.
CRL.M.C. 4497/2026 & CRL.M.C. 4437/2026 4
16.
Consequently, to secure the ends of justice, FIR Nos. 1166/2018 and 1158/2017, registered at Police Station Aman Vihar, for commission of offences under Sections 498A/406/34 IPC and 307/34 IPC, 25/27 Arms Act 1959 respectively, along with all consequential proceedings emanating therefrom, are hereby, quashed.
17.
The petitions stand disposed of in aforesaid terms. (MANOJ JAIN) JUDGE JULY 1, 2026/ng/sy CRL.M.C. 4497/2026 & CRL.M.C. 4437/2026 5