Honey & ORS. v. The State NCT Of Delhi And ANR

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2356/2025 HONEY & ORS.

.....Petitioner Through:

Mr. Sohan Singh Negi, Mr. Sushant Sidharth, Advocates along with Petitioner in Person.

versus THE STATE NCT OF DELHI AND ANR .....Respondent Through:

Ms. Rupali Bandhopadhya, ASC with SI Sushil Rawat, PS Kalkaji alongwith Mr.

Abhijeet Kumar, Advocates. R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 22.09.2025 1.

Petitioners herein seek quashing of an FIR No. 0022/2024 dated 12.01.2024 for the alleged offences punishable under Sections 498A/406/34 IPC, registered at Police Station Kalkaji, along with any consequential proceedings arising therefrom on the basis of a compromise. 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 12.12.2022 as per Hindu rites and customs and ceremonies. They are living separately since 07.04.2023. No child is born from the wedlock.

2.1 Petitioner no.2 is the father, petitioner no.3 is the mother, petitioner W.P.(CRL) 2356/2025 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.

nos. 4, 5, 6 are the brothers, petitioner no.7 is the aunt and petitioner no.8 is the uncle of petitioner no.1.

3.

Learned counsel for the petitioner submits that the parties have now settled the matter amicably by entering into a MoU/ Compromise Deed dated 22.02.2024.

3.1 He further 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 18.10.2024.

3.2 Learned counsel also submits that, keeping in view that the parties have amicably settled their disputes and differences arising from their matrimonial relationship, further continuation of proceedings would be a futile exercise.

4.

Learned counsel for respondent no.2 and APP for the State concur with the factum of compromise and submit that, in view of the settlement, the proceedings deserve to be quashed.

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 complainant/ respondent no.2 is present in Court and upon interaction, 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 states that pursuant to the settlement, she does not wish to continue with the proceedings against the petitioners as no dispute and grievance remains unresolved with the petitioners.

7.

Having heard, it appears that the dispute was purely a family matter W.P.(CRL) 2356/2025 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.

with no involvement of public or societal interest. Since the complainant (wife) does not wish to press charges and there is no incriminating evidence against the petitioners, coupled with the fact that a compromise has been reached, continuing with the criminal proceedings would be an exercise in futility, amounting to an abuse of the legal process. 8.

The genuineness of the compromise in not in dispute. However, since the Trial Court was not empowered to compound certain offences, the criminal proceedings could not be dropped. Given that the dispute has been resolved amicably through a financial settlement and mutual consent divorce, continuing with criminal proceedings may serve no useful purpose and would rather defeat the very purpose of the settlement and be a drain on judicial resources and abuse of the process of law. 9.

In the premise, this is a fit case for invoking inherent powers vested with this Court under Section 528 of BNSS, 2023 and it is deemed expedient to quash the FIR in question. Reference in this context may be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303].

10.

Accordingly, in the larger interest of justice, invoking inherent powers vested with this Court under Section 528 of BNSS, 2023 the FIR No. 0022/2024 dated 12.01.2024 for the alleged offences punishable under Sections 498A/406/34 IPC, registered at Police Station Kalkaji, and all other proceedings arising therefrom are hereby quashed. 11.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 15, 2025/rs/nk W.P.(CRL) 2356/2025 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.