Rajnish Yadav & ORS. v. The State NCT Of Delhi And ANR

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5645/2025 RAJNISH YADAV & ORS.

.....Petitioners Through:

Mr. Sunil Singh & Mr. Krishan Kumar, Advocates alongwith petitioners in person.

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

Mr. Digam Singh Dagar, APP for the State with SI Teart, ASI Pushpa, PS Najafgarh.

Mr. Sourabh Aggarwal, Advocate for R-2 alongwith R-2.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 18.08.2025 1.

Petitioners herein seek quashing of an FIR No. 0371/2021 dated 14.07.2021, registered at Police Station Najafgarh, for the offences punishable under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, on the basis of a compromise arrived between the parties.

2.

The dispute between the private parties stems from marital discord between Petitioner No. 1 (the husband) and Respondent No. 2 (the wife). Petitioner No.1 and respondent No.2 got married on 10.02.2019 as per Hindu rites and ceremonies. No child is born from the wedlock. However, due to temperamental differences between the couple, they started residing separately from each other since August 2019. CRL.M.C. 5645/2025 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.

Petitioners no. 2-7 are the family members of Petitioner no. 1. 4.

Learned counsel for the petitioners submit that during pendency of proceedings, parties have amicably settled their disputes at the Delhi Mediation Centre, Tis Hazari Courts on 16.12.2024 which is on record (Annexure- P-2), whereby the petitioner no.1 agreed to pay a total sum of Rs.3,76,000/- out of which he has already paid Rs.2,00,000/-. An affidavit of no objection to the said settlement, duly deposed by respondent no.2, has also been placed on record.

5.

In response to a Court query, both the counsel for Respondent No. 2 and the learned APP for the State concur with the factum of the compromise arrived between the parties and convey their no objection to the quashing of the FIR.

6.

In the aforesaid backdrop, I have heard the learned counsels for the parties.

7.

The parties are present in Court and I have interacted with them. On a query to respondent no.2, she candidly submits that she has amicably settled the dispute out of her own volition, without any duress or coercion from any quarter. She further submits that no grievance remains unresolved against the petitioner, and thus she wishes to withdraw her complaint based on which the FIR in question was registered.

8.

It transpires that pursuant to settlement parties have obtained a divorce decree dated 21.04.2025 by mutual consent from the competent Family Court.

9.

Having heard the counsels and interacted with the complainant, the dispute between the parties seems to be purely private in nature, which arose due to matrimonial discord, not involving either public interest or any CRL.M.C. 5645/2025 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.

societal interest. Given that the dispute has been resolved amicably through a financial settlement and mutual consent divorce, 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 burden on the judicial system as well as wasteful expenditure of the public by the prosecution.

10.

Taking a wholesome view, exercising inherent powers vested with this Court under Section 528 of BNSS, 2023 (erstwhile Section 482 Cr.P.C.), 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].

11.

Accordingly, the petition is allowed and the FIR No. 0371/2021 dated 14.07.2021 registered at Police Station Najafgarh, for the offences punishable under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom are hereby quashed. 12.

The petition stands disposed of.

ARUN MONGA, J AUGUST 18, 2025/nk/rs CRL.M.C. 5645/2025 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.