Nitin Tyagi & ORS. v. State Of NCT Of Delhi & ANR.

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3526/2025 & CRL.M.A. 15539/2025 NITIN TYAGI & ORS.

.....Petitioners Through:

Mr.

Sandeep Tyagi, Advocate alongwith Petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State alongwith I.O. in person.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 09.09.2025 1.

Petitioners herein seek quashing of FIR No. 508/2022 dated 02.09.2022 for the offences under Sections 498A, 406, 34 IPC, registered at Police Station Amar Colony, South-East, Delhi, along with any consequential proceedings arising therefrom on the basis of a compromise. 2.

Dispute arose from matrimonial discord between Petitioner No.1 (husband) and complainant/Respondent no.2 (wife). The couple got married on 27.11.2009 according to Hindu rites and no child is born from the wedlock. However, the parties started living separately since March, 2020. Petitioner no.2 is the father, petitioner no.3 is the mother of petitioner no.1. 3.

Learned counsel for the petitioners submits that the parties have now amicably settled their dispute vide Memorandum of Understanding/ Settlement Deed dated 18.12.2024 before the competent Family Court, CRL.M.C. 3526/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

appended as Annexure-P-3. Learned counsel further submits that the affidavit to the effect of no objection to quashing deposed by respondent No.2/ complainant is also placed on record.

3.1 Pursuant to the settlement, he submits that marriage between petitioner no.1 and respondent no.2 also stands dissolved vide judgment dated 17.03.2025, by way of mutual consent, passed by the learned Family Court, under Section 13(B)(2) of the Hindu Marriage Act, 1955. Learned counsel for Respondent No. 2 and the learned APP for the State concur with the fact of compromise and submit that, in view of the settlement, the proceedings deserve to be quashed. In the aforesaid backdrop, I have heard learned counsel for the parties, as well as perused the case file.

4.

Parties are present in Court and I have interacted with them. Upon a Court query put to the complainant, she candidly submits that she has amicably entered into the settlement out of her own free will, without any pressure, coercion, or undue influence. She further states that pursuant to the settlement, petitioner no.1 has complied with all the terms to her full and final satisfaction and nothing remains unresolved and thus, does not wish to continue with the proceedings against the petitioners. 5.

Having heard, it appears that the dispute is purely a family matter with no involvement of public or societal interest. Since the complainant (wife) does not wish to press charges and there is no incriminating evidence against the petitioners, coupled with the fact that a compromise has been reached, continuing with the criminal proceedings would be an exercise in futility, amounting to an abuse of the legal process. Furthermore, it would place an CRL.M.C. 3526/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

unnecessary burden on the judicial system and lead to the wasteful expenditure of public resources by the prosecution. 6.

The trial would thus serve no fruitful purpose and further proceedings would rather result in hostility between the parties, defeating the very purpose of their settlement. In view thereof, the proceedings deserve to be quashed in exercise of the inherent powers of the Court to let the parties maintain cordial relations. Reference in this context may also be made to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303]. 7.

Accordingly, in the larger interest of justice, invoking inherent powers vested with this Court under Section 528 of BNSS, 2023 the FIR No. 508/2022 dated 02.09.2022 for the offences punishable under Sections 498A, 406, 34 IPC, registered at Police Station Amar Colony, South-East, Delhi and all other proceedings arising therefrom are quashed. However, quashing of the FIR and/ or settlement between the parties shall have no bearing on the inheritance rights of the child.

8.

All pending application(s), if any, shall also stand disposed of ARUN MONGA, J SEPTEMBER 9, 2025/rs CRL.M.C. 3526/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.