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High Court of DelhiCRL.M.C./3588/2025

Ajay Yadav And ORS v. State (Govt Of NCT Of Delhi) And ANR

2025-09-16Hon'Ble Mr. Justice Arun Monga3 pages

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3588/2025 & CRL.M.A. 15806/2025-Exmp AJAY YADAV AND ORS .....Petitioners Through:

Mr. Badal Dwivedi, Adv. with petitioners are in person.

versus STATE (GOVT OF NCT OF DELHI) AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with IO/SI Pardeep, P.S.

Begumpur Mr. Ajit Kumar Gola, Adv. for R-2 with Complainant in person

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 16.09.2025 1.

Petitioners herein seek compromise quashing of an FIR No. 36/2017 dated 14.01.2017 for the alleged offences punishable under Sections 498A/406/34 IPC, registered at Police Station Begum Pur, along with any consequential proceedings arising therefrom, on the basis of a compromise between the parties.

2.

The petitioner No.1 (husband) and Respondent No.2/ complainant (wife) got married on 02.05.2015 as per Hindu rites, customs and ceremonies. No child is born from the wedlock. However, due to differences and disputes they started residing separately since 17.08.2016. 2.1 Petitioner no. 2 (father), petitioner no. 3 (mother), petitioner no. 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(brother-in-law) and, petitioner no. 5 (sister) are the family members of petitioner no. 1.

3.

Learned counsel for the petitioners submits that the parties have amicably settled the matter vide Settlement Agreement/ MOU dated 20.07.2024 which is placed on record (Annexure C). 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 He also submits that, pursuant to the settlement, marriage between the petitioner No.1 and respondent no.2 has already been dissolved by a decree of divorce dated 09.12.2024.

4.

Both the counsel for Respondent No. 2 and the learned APP for the State concur with the factum of the compromise arrived between the parties and convey their no objection to the quashing of the FIR. 5.

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.

6.

Parties are present in the Court and I have interacted with them. On a Court query put to the complainant, she candidly submits that she has arrived at mutual settlement on her own volition without any duress or coercion. She further states that pursuant to the settlement, the petitioner No.1-husband has complied with the terms of the settlement to her satisfaction and nothing remains payable to her. The complainant states that in view of the settlement, she does not wish to press any charges against the petitioners.

7.

Since respondent no. 2 does not wish to press charges against the petitioners and in the absence of any incriminating material against them, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

coupled with the fact that the parties have amicably compromised the matter, further criminal proceedings would amount to an abuse of the process of law.

8.

The dispute, being private and personal in nature arising out of their matrimonial relationship, has since been amicably resolved, and the complainant herself does not wish to pursue the case. In these circumstances, pursuing the criminal case would serve no useful purpose, would unnecessarily burden the judicial system, and may even rekindle hostility between the parties, thereby defeating the very object of the settlement.

9.

Thus, in the larger interest of justice, and in exercise of the inherent powers vested in this Court, it is deemed expedient to quash the FIR in question arising out of matrimonial dispute between the private parties. Reference may also be made to the judgment of the Supreme Court in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303]. 10.

Consequently, the instant petition is allowed. The criminal proceedings arising out of FIR No. 36/2017 dated 14.01.2017 registered at Police Station Begum Pur for the offences punishable under Sections 498A/406/34 IPC along with all consequential proceedings arising therefrom, are hereby quashed.

11.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 16, 2025 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.