Govind Sethi And ORS. v. State (Gnct Of Delhi) And ANR

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5385/2025 and CRL.M.A. 23189/2025 GOVIND SETHI AND ORS.

.....Petitioners Through:

Mr. Shubham Jain, Advocate with petitioners in person.

versus STATE (GNCT OF DELHI) AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Parvesh, East District Line and SI Sumit, PS - Jagat Puri.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 08.08.2025 1.

Petitioners herein seek quashing of FIR No. 295/2022 dated 02.05.2022 lodged under Sections 498A, 406, 34 IPC, registered at P.S. Shahdara based on compromise arrived between the parties vide Settlement Deed dated 17.12.2024 and the consequential proceedings arising therefrom. 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 29.04.2017 according to Hindu rites and one child is also born out of the wedlock. Due to irreconcilable differences, the parties started living separately from 13.07.2022.

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2.1 Petitioner No. 2 is the brother and Petitioner No. 3 is mother of the Petitioner No.1.

3.

Learned counsel for the petitioners submits that the parties have amicably settled their dispute vide Settlement Deed dated 17.12.2024 which is placed on record (Annexure-P-2). Learned counsel further submits that the affidavit to the effect of no objection to quashing deposed by respondent No.2/ complainant is also placed on record.

4.

Parties are present in Court and I have interacted with the complainant/ wife and she has no objection. Pursuant to the settlement, she points out that marriage also stands dissolved vide a decree dated 30.07.2025 passed by competent Family Court. Minor child shall remain in custody of the mother as mutually agreed. As regards the other part of the compliance of the settlement, she states that the same has been complied with by her exhusband to her full and final satisfaction. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. Therefore, further proceedings deserve to be quashed in exercise of the inherent powers of the Court. Reference in this context may also be made 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 528 of BNSS, 2023 the FIR No.295/2022 dated 02.05.2022 lodged under Sections 498A, 406, 34 IPC, registered at P.S. Shahdara and all other proceedings arising there from are quashed.

10.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J AUGUST 8, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.