Shri Rakesh Kumar v. The State NCT Of Delhi & ANR.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4636/2025 and Crl.M.A. No. 20140/2025 SHRI RAKESH KUMAR .....Petitioner Through:
Ms.Sangeeta Gulati, Advocate with petitioner in person.
versus THE STATE NCT OF DELHI & ANR.
.....Respondents Through:
Mr.Digam Singh Dagar, APP with SI Pardeep and ASI Anil Kumar R-2 in person
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
O R D E R
% 11.09.2025 1.
Petitioner herein seeks quashing of FIR No. 9/2015 dated 02.01.2015 lodged under Sections 498A, 406, 34 IPC, registered at P.S. Kanjhawala, Delhi, along with any consequential proceedings arising therefrom, on the basis of a compromise between the parties.
2.
The petitioner (husband) and respondent no. 2/ complainant (wife) got married on 18.04.2006 according to Hindu Rites and Ceremonies. One child is born form the wedlock.
3.
Learned counsel for the petitioner submits that the petitioner and respondent no. 2 have now amicably settled their differences vide the settlement agreement dated 25.05.2016 which is placed on record (Annexure P-4). She further submits that an affidavit of no objection to the quashing, deposed by respondent no. 2, has also been placed on record. She also submits that, pursuant thereto, the couple has resumed their matrimonial ties.
CRL.M.C. 4636/2025 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.
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.
The parties are present in Court, and I have interacted with them. Upon a query put to respondent no. 2, she candidly submits that she has amicably resolved her differences with her husband and has entered into the settlement out of her own free will, without any pressure, coercion, or undue influence. She further submits that, pursuant to the settlement, the parties have resumed living together.
7.
Thus, further proceedings in the present matter would be an abuse of the process of law. Particularly, when the parties have amicably settled their disputes and are now enjoying matrimonial bliss after burying the hatchet. The dispute does not involve any public interest or concern of society at large. Rather, continuation of proceedings may result in hostility between the parties and defeat the very purpose of settlement. 8.
The trial would serve no fruitful purpose. Therefore, the proceedings deserve to be quashed in exercise of the inherent powers of the Court. Reference in this context may also be had to the judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. 9.
In the premise, looking at larger interest of justice, invoking inherent powers under Section 528 BNSS, it is deemed expedient to quash the FIR in question arising out of matrimonial dispute between the private parties. 10.
Consequently, the instant petition is allowed. The criminal CRL.M.C. 4636/2025 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.
proceedings arising out of FIR No. 9/2015 dated 02.01.2015 lodged under Sections 498A, 406, 34 IPC, registered at P.S. Kanjhawala, Delhi, against the petitioner and further proceedings arising therefrom are hereby quashed. ARUN MONGA, J SEPTEMBER 11, 2025/SV CRL.M.C. 4636/2025 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.