Kuldeep And ANR v. State NCT Of Delhi And ANR.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 188/2025 KULDEEP AND ANR .....Petitioners Through:

Ms.Pinki, Advocate alongwith petitioners versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr.Digam Singh Dagar, APP for the State alongwith SI Anuradha, P.S.- Harsh Vihar Ms.Vidhi Jain and Mr.Varun Verma, Advocates for R-2

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 06.08.2025 CRL.M.A. 1007/2025 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 188/2025 & CRL.M.A. 1008/2025 (Delay) 1.

Petitioners herein seek quashing of an FIR No. 0357/2016 dated 19.11.2016 under Sections 498A, 406 and 34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at P.S. Harsh Vihar, Delhi, along with all the proceedings arising there-from on the basis of a compromise arrived at between the parties.

2.

Dispute between the parties arose from the matrimonial discord between Petitioner no.1(Husband) and Respondent no.2 (Wife) stated to be CRL.M.C. 188/2025 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.

due to temperamental differences between them. The couple got married on 03.11.2014, however, they are living separately since 10.11.2024. 2.1 Subsequently, during the said separation, Respondent No.2 filed a complaint before the concerned CAW Cell which led to registration of the aforesaid FIR on 19.11.2016, against all the petitioners i.e. Petitioner No.1 (Husband) and Petitioner No.2 (Mother of Petitioner no.1). 3.

Learned Counsel for the petitioners submits that the parties have now amicably settled their dispute vide Settlement Deed dated 24.11.2022 before the Delhi Mediation Centre, Karkardooma Courts. 4.

In the aforesaid backdrop, heard and perused the file. 5.

I have also interacted with the complainant who is present in Court along with her counsel. On a query posed by the Court to the complainant, she candidly submits that she has amicably settled the dispute out of her own volition, without any duress or coercion from any quarter. Pursuant thereto, she has obtained a divorce decree dated 14.03.2024 by mutual consent from the competent Family Court and does not wish to press any charges against the petitioners. She further affirms that the terms of the settlement have been complied with and all that was payable to her has been received by her in full and final satisfaction.

6.

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.

7.

Having interacted with the complainant and given that it seems to be an entirely family matter and purely private in nature, not involving either public interest or any societal interest, it would be an exercise in futility to CRL.M.C. 188/2025 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.

continue with the further criminal proceedings. The same would be nothing but an abuse of the process of law, apart from being a burden on the judicial system as well as wasteful expenditure by the prosecution. 8.

The genuineness of compromise is not in dispute. However, since the trial Court was not empowered to compound certain offences, the criminal proceedings could not be dropped. 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.

Taking a wholesome view and in order to let the parties to enter mutual 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 to exercise inherent power under 528 of BNSS in quashing the FIR in question.

10.

Accordingly, the petition is allowed and the FIR No. 0357/2016 dated 19.11.2016 under Sections 498A, 406 and 34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at P.S. Harsh Vihar, Delhi, along with all the consequential proceedings arising therefrom are hereby quashed. 11.

The petition stands disposed of.

12.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J AUGUST 6, 2025 dy CRL.M.C. 188/2025 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.