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High Court of DelhiCRL.M.C./7125/2025

Mr. Vikas @ Monu & ORS. v. State Of NCT Of Delhi

2025-10-09Hon'Ble Mr. Justice Arun Monga4 pages

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7125/2025 MR. VIKAS @ MONU & ORS.

.....Petitioner Through:

Mr. Jai Gaur, Advocate alongwith Petitioner in person.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Digam Singh Dagar, APP for the State with SI Rishi Pal Singh, PS Adarsh Nagar.

Mr. Deepak Kumar, Advocate for R-2 alongwith Complainant in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 09.10.2025 1.

Petitioners herein seek quashing of an FIR No. 491/2021 dated 27.08.2021 for the alleged offences under Sections 498A/406/34 IPC, registered at Police Station Adarsh Nagar, along with all the consequential proceedings arising therefrom, on the basis of a compromise between the parties.

2.

Dispute arose from the matrimonial discord between Petitioner no. 1 (husband) and Respondent no.2/complainant (wife). The couple got married on 12.12.2018 according to Hindu rites and ceremonies. They are living separately since 2020. No child is born from the wedlock. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.1 The aforesaid FIR was registered against the Brother (Petitioner no.2), Sister-in-law (Petitioner no.3), and Sisters (Petitioners no. 4 to 5) of Petitioner no.1.

3.

Learned counsel for the petitioners submits that with a view to preserve harmony and peace between them, the parties, with the intervention of family friends and well-wishers, have now amicably settled their dispute through the Delhi Mediation Centre, Rohini Courts vide Settlement Agreement dated 03.08.2023, which is placed on record as Annexure 'P/10 (colly)'.

3.1 Learned Counsel further submits that pursuant to the settlement, the couple has resumed their matrimonial ties and are leading a happy married life without further disputes. He further submits that the Respondent no. 2 has no grievances left against the parties and has no objection to the quashing of the FIR in question.

3.2 Learned Counsel further submits that keeping in view the settlement between the parties, and that the parties have agreed to withdraw all the cases against each other, further proceedings would be an abuse of the process of law and a futile exercise. Thus, in order to maintain cordial relations and harmony between the parties, the FIR in question and all the proceedings against the petitioners deserve to be quashed. 4.

Learned APP for the State, under instructions concur with the factum of compromise between the parties and the same has been duly verified, he informs.

5.

In the aforesaid backdrop, I have heard the learned counsel for the petitioners and respondent no.2, as well as perused the material available on record.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Complainant/Respondent no.2 is present in person before this court. Upon a query put to her, she candidly states that she has resolved all her differences with her husband and has entered into the settlement out of her own volition, without any pressure, coercion or undue influence from any quarter. She very firmly states that she does not want to press any charges against the Petitioners. They are the immediate family members of her husband. She submits that due to some serious misunderstanding arising out of routine family acrimony, allegations were levelled against the petitioners. She subsequently realised her mistake and has withdrawn all cases against them.

7.

Having heard, the dispute appears to be a purely family matter with no involvement of public or societal interest. Pursuant to the settlement, the couple is enjoying the matrimonial bliss and have resumed cohabitation and are living in the matrimonial home happily. Since the complainant (wife) does not wish to press charges and there is no incriminating evidence against the petitioners, continuing with the criminal proceedings would be an exercise in futility, amounting to an abuse of the legal process. Furthermore, it would place an unnecessary burden on the judicial system and lead to the wasteful expenditure of public resources by the prosecution. 8.

The trial would thus serve no fruitful purpose, and further proceedings would rather result in hostility between the parties, defeating the very purpose of their settlement. In view thereof, the proceedings deserve to be quashed in exercise of the inherent powers of the Court. Reference in this context may also be made to the judgment rendered in the case of Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303]. 9.

Accordingly, in the larger interest of justice, invoking the inherent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

powers vested in this Court under Section 528 of BNSS, 2023, it is therefore deemed expedient to quash the FIR in question arising out of a matrimonial dispute.

10.

Consequently, the instant petition is thus allowed. FIR No. 491/2021 dated 27.08.2021 for the alleged offences under Sections 498A/406/34 IPC, registered at Police Station Adarsh Nagar, and all other proceedings arising therefrom are hereby quashed.

11.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J OCTOBER 9, 2025/rs/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.