Banty @ Bunty & ORS. v. The State NCT Of Delhi And ANR
$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6246/2025 and CRL.M.A. 26418/2025 BANTY @ BUNTY & ORS.
.....Petitioners Through:
Mr. Raj Kumar and Mr. Santosh Kumar, Advocates with petitioners in person.
versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Digam Singh Dagar, APP for the State with SI Subhash Singh and SI H.R. Choudhary, PS - Gandhi Nagar.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
O R D E R
% 18.09.2025 1.
Petitioners herein seek quashing of FIR No. 79/2020 dated 12.03.2020 lodged under Sections 498A, 406, 34 IPC, along with any consequential proceedings arising therefrom, on the basis of a compromise arrived between the parties.
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 (husband) and respondent no.2/complainant (wife) got married on 15.04.2019. Two children are born from the wedlock. Due to irreconcilable differences, the parties started living separately from 24.07.2019.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.1 Petitioner no. 2 (deceased father), petitioner no. 3 (mother), petitioner no. 4 (sister), petitioner no. 5 (brother), petitioner no. 6 (sister) are the family members of petitioner no. 1.
3.
Learned counsel for the petitioner submit that the parties have now amicably settled the dispute vide Settlement Deed dated 29.08.2025. He further submits that, pursuant thereto, the couple has resumed their matrimonial ties. 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.
Both the counsel for respondent and the learned ASC for the State concur with the factum of the compromise between the parties and convey their no objection to the quashing of the FIR. 5.
In the aforesaid backdrop, I have heard learned counsels for the parties, as well as perused the material available on record. 6.
The parties are present in Court, and I have interacted with them. On a Court query put to the complainant, she states that she has settled the dispute without any duress and coercion and out of her own free will. She further states that, pursuant thereto, the couple has resumed their matrimonial ties. 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. Particularly, when the parties are now enjoying matrimonial bliss after burying the hatchet. The dispute does not involve any public interest or concern of society at large. Rather, continuation of proceedings may result in hostility between the parties and defeat the very purpose of settlement. Moreover, children's well-being would be better The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
preserved in an environment where the parents are not embroiled in ongoing legal disputes.
8.
The trial would serve no fruitful purpose. Therefore, the proceedings deserve to be quashed in exercise of the inherent powers of the Court. Reference in this context may also be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. 9.
In the premise, looking at larger interest of justice, invoking inherent powers under Section 528 BNSS, it is deemed expedient to quash the FIR in question arising out of matrimonial dispute between the private parties. 10.
Consequently, the instant petition is allowed. The criminal proceedings arising out of FIR No. 79/2020 dated 12.03.2020 lodged under Sections 498A, 406, 34 IPC, registered at Police Station Gandhi Nagar, against the petitioner nos. 1 to 6 and further proceedings arising therefrom are hereby quashed.
11.
All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 18, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.