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High Court of DelhiCRL.M.C./4830/2025

Hariom & ORS. v. The State Govt Of NCT Of Delhi & ANR.

2025-09-11Hon'Ble Mr. Justice Arun Monga4 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4830/2025 HARIOM & ORS.

.....Petitioners Through:

Mr.Pradeep Singh Solanki, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr.Digam Singh Dagar, APP with SI Sagar Navadeep, PS Gokulpuri R-2 in person

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 11.09.2025 Crl.M.A. No. 20934/2025 (condonation of delay) For the reasons stated in the application the delay is condoned. The application stands disposed of.

Crl.M.C. No. 4830/2025 1.

Petitioners herein seek quashing of an FIR No. 46/2021 dated 09.02.2021 for the alleged offences punishable under Sections 498A, 406, 34 IPC and Section 4 of the Dowry Prohibition Act, registered at P.S. Gokalpuri, along with all the proceedings arising therefrom, on the basis of a compromise between the parties.

2.

Dispute between the parties arose mainly from the matrimonial discord between Petitioner No.1 (Husband) and Respondent no.2/Complainant (wife). The couple got married on 06.02.2018 according The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to Hindu rites and ceremonies. They are living separately since 02.08.2019. No child is born from the wedlock.

2.1 The aforesaid FIR was registered against the Father, Mother, Elder Brother, Sister-in-law and Younger Brother of the Husband/Petitioner no.1 3.

Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Settlement Deed dated 15.03.2024 which is placed on record as Annexure 'P-2'.

3.1 He further submits that the Respondent no.2 has executed an Affidavit-cum-NOC in support of the quashing of the aforesaid FIR which is also placed on record.

3.2 Learned counsel further submits that pursuant to the settlement, marriage between the Petitioner no.1 and Respondent no.2 has also been dissolved by a decree of divorce dated 25.11.2024 by the competent Family Court.

3.3 Learned Counsel lastly submits that, keeping in view that the parties have amicably settled their disputes and differences with respect to the present case, further continuation of the proceedings would be a futile exercise.

4.

The learned APP for the State in both the petitions, under instructions concur with the factum of compromise between the parties and the same has been duly verified, he informs.

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.

Complainant is present in Court and I have interacted with her. Upon a query posed by the Court, she candidly states that she has no objection to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the quashing of the FIR. She further states that she has entered into the settlement out of her free volition, without any duress or coercion from any quarter. She states that she does not wish to press any charges against the petitioners having amicably settled the dispute. 6.1 As regards the other part of the compliance of the settlement, she further states that the same has been complied with by her ex-husband to her full and final satisfaction.

7.

Since the complainant does not wish to press charges against the petitioners and there is no incriminating material against them, 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.

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. 9.

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.

10.

Accordingly, exercising the inherent powers vested in this Court under Section 528 of BNSS, it is therefore deemed expedient to quash the FIR in question arising out of matrimonial dispute. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Consequently, the instant petition is allowed. FIR No. 46/2021 dated 09.02.2021 for the alleged offences punishable under Sections 498A, 406, 34 IPC and Section 4 of the Dowry Prohibition Act, registered at P.S. Gokalpuri, along with all consequential proceedings arising therefrom, are hereby quashed.

12.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 11, 2025/Sv The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.