Anil And ORS v. The State NCT Of Delhi And ANR

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL AND ORS .....Petitioners Through:

Mr. Alok Sangwan and Ms. Manisha, Advocates with petitioners in person.

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

Mr. Amol Sinha, ASC for the State with Mr Kshitiz Garg, Mr. Ashvini Kumar, Mr. Chavi Lazarus, Mr.Nitish Dhawan and Ms. Sanskriti Nimbekar, Advocates.

SI Sunder Singh, PS - Nangloi, Delhi.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 12.09.2025 1.

Petitioners herein seek quashing of FIR No. 733/2022 dated 09.09.2022 under Sections 498A, 406, 34 IPC, registered at P.S. Nangloi along with all the proceedings arising therefrom, on the basis of the compromise 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 and Respondent No. 2 were married on 28.11.2020 according to Hindu rites. Due to irreconcilable differences, the parties started living separately from 07.04.2022. One female child is born from the wedlock who is in the care and custody of Respondent no. 2. 2.1 Petitioner no. 2 (father), petitioner no. 3 (mother), petitioner 4 (sister) and petitioner 5 (sister) are the family members of Petitioner no.1. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned counsel for the petitioners submits that the parties have amicably settled their dispute before the Counselling Cell vide Settlement Deed dated 18.02.2025 which is placed on record (Annexure-C). 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 no. 2 and the learned ASC 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. 5.

In the aforesaid backdrop, I have heard learned counsel for the Petitioner and Respondent No.2 as well as perused the material available on record.

6.

Parties are present in Court and I have interacted with the complainant/ wife. On a query put to her, 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. 7.

She states, pursuant to the settlement, that marriage also stands dissolved vide a decree dated 19.07.2025 passed by competent Family Court. As regards the other part of the compliance of the settlement, she states that the same has been complied with by her ex-husband to her full and final satisfaction.

8.

Given that the dispute has been resolved amicably through a financial settlement and mutual consent divorce, continuing with criminal proceedings may serve no useful purpose and would be a drain on judicial resources and abuse of the process of law. Quashing the FIR would facilitate the parties in maintaining or restoring cordiality, especially co-parenting the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

minor child born out of the wedlock. The child's well-being would be better preserved in an environment where the parents are not embroiled in ongoing legal disputes.

9.

In the interest of justice, and 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. Reference may be had to judgment rendered in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] in this context.

10.

Accordingly, in the larger interest of justice, invoking inherent powers vested with this Court under Section 528 of BNSS, 2023 the FIR No. 733/2022 dated 09.09.2022 lodged under Sections 498A, 406, 34 IPC, registered at Police Station Nangloi and all other proceedings arising there from are quashed. However, I may like to make it clear that quashing of the FIR shall have no bearing on the inheritance rights of the minor qua her father.

11.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 12, 2025/kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.