Amit Kumar @ Amit Kumar Baghel & ORS. v. State Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ AMIT KUMAR @ AMIT KUMAR BAGHEL & ORS. .....Petitioners Through:

Ms. Simran Mehta and Mr. Vishal Singh, Advocates.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Kiran Dayal, PS - Moti Nagar.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 29.07.2025 1.

Petitioners herein seek quashing of an FIR No. 485/2023 dated 30.08.2023 under Sections 498A, 406 and 34 of IPC, registered at P.S. Moti Nagar, along with all the proceedings arising therefrom on the basis of the compromise arrived at between the parties.

2.

At the relevant time, dispute between the parties arose from the matrimonial discord between Petitioner No.1 (Husband) and Respondent No.2/Complainant (Wife) stated to be caused by temperamental differences between them. The couple got married on 30.01.2019 as per Hindu rites and ceremonies, however, they are living separately since 18.04.2022. No child is born out of the wedlock.

2.1 Petitioner No.2 (Brother), Petitioner No.3 (Mother), Petitioner No.4 (Father) and Petitioner No.5 (Sister-in-law) are the family members of Petitioner No.1.

3.

Learned Counsel for the petitioners submits that the parties, out of their own volition and without any coercion or undue influence from any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quarter, have now amicably resolved their disputes by way of settlement for a sum of ₹12,00,000/-vide Settlement Deed dated 18.10.2024. Pursuant thereto, they have already obtained divorce decree dated 04.02.2025 by mutual consent from the competent Family Court. 4.

Learned Counsel for the petitioners further submits that per the terms of settlement, Petitioner No.1 has already paid ₹8,00,000/- to Respondent No.2 and the balance amount of ₹4,00,000/- was given to the Respondent No.2 at the time of giving NOC/statement of quashing of the FIR no. 485/2023. The car bearing registration no. DL10CL 8693 has been handed over to Respondent no.2 on 18.10.2024 and both the parties have agreed to withdraw all pending cases and cooperate in quashing the FIR. 5.

In fact, the Complainant/wife (Respondent no. 2) is present in the Court, and I have interacted with her. She seems to be very firm and candid about her choices to be made in life and seems to have exercised her right to seek divorce on her own volition without any duress and coercion. 6.

On a query posed by the Court, she candidly submits that as regards the settlement, the petitioner has complied with his part of the performance and pursuant thereto, has made full and final payment along with the car which was agreed to be given as part of the alimony. She further affirms that nothing remains pending or payable to her and all that was payable has been received by her in full and final satisfaction. 7.

In response to a Court query, both the counsel for Respondent No.2 and the learned Public Prosecutor for the State concur with the factum of the compromise arrived at between the parties and convey their no objection to the quashing of the FIR.

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

8.

In the aforesaid backdrop, I have heard learned counsel for the Petitioners and Respondent No.2 as well as perused the material available on record.

9.

Given that the dispute has been resolved, continuing with criminal proceedings may serve no useful purpose. It would be a drain on judicial resources and abuse of the process of law, especially when dispute does not involve any public interest or interest of the society at large. Continuation of the proceedings, on the other hand, may result in hostility between the parties and defeat the very purpose of the settlement. 10.

Quashing the FIR would rather facilitate the parties in maintaining or restoring cordiality. Therefore, the proceedings deserve to be quashed in the exercise of the inherent powers of the Court. Reference may be had to the judgement rendered in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] in this context.

11.

Accordingly, exercising the inherent powers vested in this Court under Section 528 of BNSS, it is therefore deemed appropriate to quash the FIR arising from this matrimonial dispute.

12.

Consequently, the petition is allowed and the FIR no. 458/2023 dated 30.08.2023 under Sections 498A, 406 and 34 IPC, registered at P.S. Moti Nagar, along with all the consequential proceedings arising therefrom are hereby quashed.

13.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J JULY 29, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.