Manvender v. State Of Gnct Of Delhi & ANR.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5910/2025 MANVENDER .....Petitioner Through:

Mr.G.D.Sharma, and Mr.Sunny Kashyap, Advocates versus STATE OF GNCT OF DELHI & ANR.

.....Respondents Through:

Ms. Priyanka Dalal, APP for State with SI Sumeet Ponia Police Station Vivek Vihar Mr.Kishore, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 25.08.2025 1.

Petitioner herein seeks quashing of an FIR No. 17/2020 dated 09.01.2020 under Sections 498A/ 406/ 506/ 34 of the IPC, registered at P.S. CAW Cell, Vivek Vihar, Delhi, along with all the proceedings arising therefrom, on the basis of the settlement dated 25.10.2024 arrived at between the parties.

2.

Dispute between the parties arose from the matrimonial discord between petitioner (Husband) and respondent no.2 (Wife) stated to be caused by temperamental differences between them. The couple got married on 16.01.2013 according to Hindu rites and ceremonies. However, they are living separately since October, 2018. Subsequently, on the basis of the complaint of Respondent no. 2, the aforesaid FIR was registerd. Out of the said wedlock two children namely, Varun and Mahak are stated to be born, CRL.M.C. 5910/2025 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.

who are in the custody of respondent No.2 (wife). 3.

Learned Counsel for the petitioner submits that the parties, out of their own volition and without any coercion or undue influence, have now amicably resolved all their disputes by way of settlement for a sum of Rs.5,50,000/- vide Memorandum of Understanding (MoU) dated 25.10.2024.

4.

Learned Counsel for the petitioner further submits that per the terms of MoU, Petitioner no. 1 has already paid Rs. 4,00,000/- to Respondent No. 2 at the time proceedings under Sections 13(b)(i) & 13(b)(ii) of the Hindu Marriage Act, 1955 and the balance amount Rs. 1,50,000/- was given to the Respondent no. 2 by the Petitioner no. 1 at the time of giving NOC/Statement of quashing of the FIR bearing no. 17/2020. 5.

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

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.

Parties are present in the Court, and have been identified by their counsel and the concerned Investigating Officer. On a query posed by the Court, the parties submit that they have amicably settled the dispute and accepted the terms thereof out of their own volition and without any duress, pressure or coercion from any quarter, and pursuant thereto, have obtained a divorce decree dated 11.03.2025 by mutual consent from the competent Family Court.

CRL.M.C. 5910/2025 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.

8.

Given that the dispute has been resolved, continuing with criminal proceedings may serve no useful purpose. It would be a drain on judicial resources and abuse of the process of law especially when dispute does not involve any public interest or interest of the society at large. Continuation of the proceedings, on the other hand, may result in hostility between the parties and defeat the very purpose of the settlement. 9.

Quashing the FIR would rather facilitate the parties in maintaining or restoring cordialty. Therefore, the proceedings deserved to be quashed in the exercise of the inherent powers of the Court. Reference may be made to judgment rendered in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] in this context.

10.

Accordingly, exercising the inherent powers vested in this Court under Section 528 of BNSS, it is therefore deemed appropriate to quash the FIR arising from this matrimonial dispute. However, quashing of the FIR and/or settlement between parties shall have no bearing on the inheritance rights of the minors.

11.

Consequently, the instant petition is allowed. FIR no.17/2020 dated 09.01.2020 under Sections 498A/ 406/ 506/ 34 of the IPC, registered at P.S. CAW Cell, Vivek Vihar, Delhi and the criminal proceedings arising there from are hereby quashed.

12.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J AUGUST 25, 2025/SV CRL.M.C. 5910/2025 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.