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High Court of DelhiW.P.(CRL)/2372/2025

Dinesh Kumar And ORS v. The State NCT Of Delhi And ANR.

2025-07-31Hon'Ble Mr. Justice Arun Monga3 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2372/2025, CRL.M.A. 22146/2025 DINESH KUMAR AND ORS .....Petitioner Through:

Mr.

Karamveer Singh and Ms.Anuradha Yadav, Advocates.

Petitioners no. 1 and 3 through VC.

Petitioners no. 2 and 4 in person.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondent Through:

Mr.

Yasir Rauf Ansari, ASC (Criminal) with Mr. Alok Sharma, Advocate.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 31.07.2025 1.

The petition herein is for compromise quashing of an FIR No. 218/2018 dated 28.07.2018 registered at Police Station North Rohini, for the offences punishable under Sections 498A/406/34 IPC. It is stated that the allegations leveled therein arose out of heated tempers and strained matrimonial relations.

2.

The petitioner no.1 and respondent No.2 got married on 11.12.2017. However, due to differences and disputes between the petitioner no. l and respondent no.2, they started residing separately from each other and during the said separation; the respondent no.2 filed an FIR against the petitioners. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The petitioner no.2 is stated to be the mother of the petitioner no.1 and petitioner nos. 3 and 4 are stated to be sisters of petitioner no.1. The complainant states that in view of the settlement, she does not wish to press any charges against the petitioners.

2.1 With the interference of the elders of the family, the parties later decided to bury their hatchet and settled the disputes. 3.

In the aforesaid backdrop, I have heard the rival contentions and also interacted with the complainant who is present in Court alongwith her counsel. On a Court query put to the complainant, she candidly submits that she has arrived at mutual settlement on her own volition without any duress or coercion.

4.

It transpires that pursuant to the settlement, the couple has also taken a divorce decree dated 10.12.2024 by mutual consent from the Family Court, Rohini Courts, Delhi.

5.

Given that it seems to be an entirely family matter not involving either any public interest or any societal interest, it would be an exercise in futility to continue with the further criminal proceedings. The same would be nothing but abuse of the process of law apart from the heavy burden on the judicial system as well as wasteful expenditure of the public by the prosecution. On the other hand, continuing with the criminal proceedings may hinder the chances of peace and cordiality between the parties. 6.

The genuineness of compromise is not in dispute. However, since the trial Court was not empowered to compound certain offences, the criminal proceedings could not be dropped. Reference may be had to Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303 in this context. It is thus fit case to exercise the powers under Section 528 of BNSS to quash the FIR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Accordingly, the petition is allowed and the FIR No. 218/2018 dated 28.07.2018 registered at Police Station North Rohini, for the offences punishable under Sections 498A/406/34 IPC along with all consequential proceedings arising therefrom are hereby quashed. 8.

Pending application, if any, shall stand disposed of. ARUN MONGA, J JULY 31, 2025/kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.