Hemant Vijay & ORS. v. State (NCT Of Delhi) & ANR.
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4848/2025 HEMANT VIJAY & ORS.
.....Petitioners Through:
Mr.
Aditya Jain, Adv.
with petitioners.
versus STATE (NCT OF DELHI) & ANR.
.....Respondents Through:
Mr. Digam Singh Dagar, APP for State with SI Ravinder, PS Rani Bagh.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
O R D E R
% 23.07.2025 CRL.M.A. 21014/2025 Allowed, subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 4848/2025 1.
Petitioners herein seek compromise quashing of an FIR No. 0111/2017 dated 06.05.2017 and subsequent proceedings arising there from including charge sheet dated 12.02.2019 under Sections 498-A, 406, 34 IPC, registered at P.S. Rani Bagh, North West Delhi. 2.
At the relevant time dispute arose out of matrimonial discord between Petitioner No.1 (husband) and Respondent No.2 (wife). The parties were married on 14.04.2009 in accordance with Hindu rites and customs. One child is born from the wedlock.
CRL.M.C. 4848/2025 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.
3.
On 17.07.2014, Respondent No.2 lodged a complaint against all the petitioners before the CAW Cell, Kirti Nagar, West Delhi leading to the FIR in question. However, subsequently, petitioner no.1 and respondent no.2 resumed cohabitation in their matrimonial home on 12.04.2015. Despite their best efforts, due to irreconcilable differences, they again started living separately from 09.10.2016. Finally, they have now reconciled their differences and resumed matrimony, hence the instant petition. 4.
Heard and perused the case file.
5.
Learned counsel for the petitioners submits that the parties have amicably resolved all disputes through a Memorandum of Understanding dated 09.05.2025, duly signed by both parties. An affidavit confirming the settlement has also been filed by Respondent No.2 and is on record. 6.
Upon a query by the Court, the learned APP for the State has confirmed the genuineness of the settlement and submitted that, in view of the compromise, the State has no objection to the quashing of the FIR and the consequent proceedings.
7.
The petitioners and Respondent No.2 are present before this Court. Upon interaction, Respondent No.2 (complainant-wife) candidly submitted that she has entered into the settlement of her own volition, without any pressure, coercion, or undue influence. She further stated that the issues concerning co-parenting of their minor son, studying in Class 10, have also been amicably resolved. Pursuant thereto, she is currently residing with her husband (Petitioner No. 1) and enjoying the matrimonial bliss. 8.
Dispute between the parties herein was/is primarily private and personal in nature arising from a matrimonial relationship. Same has since been amicably resolved, continuation of criminal proceedings would serve CRL.M.C. 4848/2025 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.
no useful purpose and would amount to abuse of the process of law. The complainant herself does not wish to pursue the case. The continuation of criminal proceedings would unnecessarily burden the judicial system. Thus no useful purpose would be served by continuing the proceedings and on the other hand dropping the same would promote peace and harmony between the parties.
9.
In the premise, it is appropriate to quash the FIR and all consequential proceedings. Reference may be made to the judgment rendered 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. 0111/2017 dated 06.05.2017, for the alleged offences committed under Sections 498-A, 406 and 34 IPC, registered at P.S. Rani Bagh, North West Delhi against the petitioner No.1 and further proceedings arising therefrom are hereby quashed. 11.
All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J JULY 23, 2025/akc CRL.M.C. 4848/2025 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.