Himanshu @ Himanshu Singh Chaudhary & ORS. v. State Of NCT Of New Delhi & ANR.
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4970/2025 HIMANSHU @ HIMANSHU SINGH CHAUDHARY & ORS.
.....Petitioners Through:
Mr. K.P. Singh, Advocate with all petitioners.
versus STATE OF NCT OF NEW DELHI & ANR.
.....Respondents Through:
Mr. Digam Singh Dagar, APP for State with ASI Om Prakash and ASI Sanjay Tyagi, PS Sarai Rohilla.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
O R D E R
% 28.07.2025 1.
Petitioners herein seek quashing of an FIR No. 0226/2024 dated 23.03.2024 under Sections 498-A, 406 and 34 IPC, registered at P.S. Sarai Rohilla, Delhi based on compromise arrived between the parties and the consequential proceedings arising there from including the chargesheet. 2.
Dispute between the parties arose from the matrimonial discord between Petitioner No.1 (husband) and complainant/Respondent no.2 (wife). The Petitioner No.1 and Respondent No. 2 were married on 01.02.2023 according to Hindu rites. Due to irreconcilable differences, the parties started living separately sometime on or around 01.06.2023. 2.1 Petitioner No. 2 is the mother of the Petitioner No.1, whereas Petitioner Nos. 3 and 4 are his sister and brother-in-law, respectively. 3.
Learned counsel for the petitioners submits that the parties have amicably settled their dispute vide Settlement Deed dated 03.10.2024 which CRL.M.C.4970/2025 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.
is placed on record (Annexure-B). The learned counsel further submits that the affidavit to the effect of no objection to quashing deposed by respondent No.2 is also placed on record.
4.
Parties are present in Court. I have interacted with them. It appears that complainant/wife has voluntarily decided to bury the hatchet in the larger interest of living peacefully in future. Pursuant thereto, she has already obtained decree of divorce dated 25.04.2025 by mutual consent. The terms of Mediation Settlement dated 03.10.2024, have also been complied with.
5.
On a query put to the complainant-wife, she candidly states that she has entered into the settlement out of her free volition, without any duress or coercion. She states that she does not wish to press any charges against the petitioners having amicably settled the dispute. 6.
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.
7.
Since the complainant-wife does not wish to press charges against the petitioners and there is no incriminating material against them coupled with the fact of compromise, further proceedings before the Court would be an abuse of the process of law. Especially, when the dispute does not involve any public interest or interest of the society at large. Continuation of proceedings may rather result in hostility between the parties and defeat the very purpose of settlement.
8.
The trial would thus serve no fruitful purpose and will be an exercise in futility. Whereas non-quashing of the FIR would not only amount to misuse of the judicial process, but also defeat the very object of settlement. CRL.M.C.4970/2025 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.
Therefore, further proceedings deserve to be quashed in exercise of the inherent powers of the Court. Reference in this context may also be had to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303].
9.
Accordingly, in the larger interest of justice, invoking inherent powers vested with this Court under Section 482 Cr.P.C., the FIR No. 0226/2024 dated 23.03.2024 under Sections 498-A, 406 and 34 IPC, registered at P.S. Sarai Rohilla, Delhi and all other proceedings arising there from are quashed.
10.
All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J JULY 28, 2025/akc CRL.M.C.4970/2025 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.