← Library
High Court of DelhiW.P.(CRL)/2989/2025

Nitin Chopra & ORS. v. The State NCT Of Delhi And ANR

2025-09-16Hon'Ble Mr. Justice Arun Monga3 pages

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2989/2025 & CRL.M.A. 27692/2025- Exemption NITIN CHOPRA & ORS.

.....Petitioner Through:

Mr.

S.P.

Paul and Mr.

C.M.

Thapliyal, Advs.

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

Mr. Anand V. Khatri, ASC for the State with SI Sandeep, Punjabi Bagh.

Mr. Vinay Giri, Adv. for respondent with complainant in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 16.09.2025 1.

Petitioners herein seek quashing of an FIR No. 641/2024 dated 06.12.2024 for the alleged offences punishable under Sections 498A/406/34 IPC, registered at Police Station Punjabi Bagh, along with any consequential proceedings arising therefrom, on the basis of the compromise between the parties.

2.

The petitioner No.1 (husband) and respondent No.2/complainant got married on 22.09.2023 as per Hindu rites, customs and ceremonies. No child is born from the wedlock. However, due to temperamental differences, they started residing separately since 05.01.2024. 2.1 Petitioner no. 2 (mother), petitioner no. 3 (father), and petitioner no. 4 (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 now amicably settled the matter vide settlement agreement/ MOU dated 21.01.2025, duly signed by both parties before the Mediation Centre, Tis Hazari Courts Delhi (Annexure B).

3.1 He further submits that pursuant to the settlement, marriage between the petitioner No.1 and respondent no.2 has already been dissolved by a decree of divorce dated 08.08.2025.

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 petitioners and respondent no. 2 as well as perused the material vailable on record.

6.

Complainant is present in person, and I have interacted with her. On a Court query put to her, she candidly submits that she has arrived at mutual settlement on her own volition without any duress or coercion. She further states that pursuant to the settlement, the petitioner No.1-husband has complied with the terms of the settlement to her satisfaction and nothing remains payable to her. The complainant states that in view of the settlement, she does not wish to press any charges against the petitioners. 7.

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 and restoring cordiality. 8.

Taking a wholesome view and in order to let the parties entire mutual The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

cordiality and the family bonhomie which will go long way to establish peace rather than promote hostility in case further proceedings continue, this is a fit case for invoking 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].

9.

Accordingly, the instant petition is allowed and FIR No. 641/2024 dated 06.12.2024 registered at Police Station Punjabi Bagh for the offences punishable under Sections 498A/406/34 IPC along with all consequential proceedings arising therefrom are hereby quashed. 10.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 16, 2025 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.