Vikas and Others v. State Govt of NCT of Delhi and Ors.

Delhi HC3 Sept 2025CRL.M.C./1826/2025

Case brief

AI extract

What is this about?

Keywords: CRL.M.C. 1826/2025; Delhi High Court; Justice Arun Monga; 03.09.2025; FIR quashing on compromise; FIR No.554/2022 dated 06.07.2022, P.S. Wazirabad; Section 363 IPC (kidnapping from lawful guardianship); Section 528 BNSS 2023 (inherent powers); Gian Singh v. State of Punjab, (2012) 10 SCC 303; marriage after attaining majority registered 30.11.2022; child born 28.08.2023; complainant's voluntary settlement without coercion; family/private matter, no societal interest; trial Court unable to compound; FIR and consequential proceedings quashed; petition allowed and disposed.

What did the court decide?

Quashing of FIR No.554/2022 dated 06.07.2022 registered at Police Station Wazirabad (offences punishable under Section 363 IPC) and all consequential proceedings arising therefrom; the petition stands disposed of. ¶¶31

Vikas and Others Vs State Govt of NCT of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.554/2022 dated 06.07.2022 (Police Station Wazirabad, Section 363 IPC) and the ensuing criminal proceedings should be quashed on the basis of the compromise between the parties. +1 more

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Court's answer

As the matter is entirely a family matter involving neither public interest nor any societal interest, continuing the criminal proceedings would be an exercise in futility — an abuse of the process of law imposing a heavy burden on the judicial system and wasteful expenditure of public resources on prosecution.

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Ratio / Principle

The complainant (Respondent No.2) candidly told the Court she has resolved all differences with petitioner No.1 (now her husband) and entered the settlement of her own volition, without any pressure, coercion or undue influence; the couple and their minor child reside together peacefully.

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Key takeaways

Since the trial Court was not empowered to compound the offences and the criminal proceedings could not otherwise be dropped, the Court, in the larger interest of justice, invoked its inherent powers under Section 528 of BNSS, 2023 and deemed it expedient to quash the FIR, with reference to Gian Singh v. State of Punjab, (2012) 10 SCC 303.ratio¶¶25
Taking a wholesome view, the Court held this a fit case to exercise inherent power under Section 528 of BNSS in quashing the FIR.ratio¶¶30
The Court allowed the petition and quashed FIR No.554/2022 dated 06.07.2022 registered at Police Station Wazirabad (Section 363 IPC) along with all consequential proceedings arising therefrom.

Detailed headnote1 paragraphs

Delhi High Court (Arun Monga, J.), by order dated 03.09.2025 in CRL.M.C. 1826/2025, allowed a compromise-quashing petition and quashed FIR No.554/2022 dated 06.07.2022 registered at Police Station Wazirabad under Section 363 IPC, together with all consequential proceedings. Respondent No.2 had eloped/married petitioner No.1 upon attaining majority (marriage registered 30.11.2022) and a child was born on 28.08.2023; the genuineness of the compromise was not disputed by the APP, and the complainant affirmed before the Court that she settled of her own volition, without pressure, coercion or undue influence. Since the trial Court lacked power to compound the offences, the Court invoked inherent powers under Section 528 BNSS, 2023 — citing Gian Singh v. State of Punjab, (2012) 10 SCC 303 — deeming continuation of proceedings futile, abusive of process and wasteful of public resources in a wholly private family matter.

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$~46

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1826/2025

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VIKAS AND OTHERS .....Petitioners

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Through: Mr.Naresh Panwar and Mr.Neeraj Kardam, Advocates alongwith petitioners

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versus

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STATE GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Mr.Sanjeev Sabharwal, APP for the State Complainants in-person

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CORAM:

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HON'BLE MR. JUSTICE ARUN MONGA

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O R D E R

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% 03.09.2025

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CRL.M.A. 8260/2025 (Exemption)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 1826/2025

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The petition herein is a compromise quashing of an FIR No.554/2022 dated 06.07.2022 registered at Police Station Wazirabad, for the offences punishable under Section 363 IPC.

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A missing report of the respondent No.2 was lodged by the respondent No.3 (her father) which culminated in the FIR in question. However, it is now stated that respondent No.3 was not aware that respondent No.2 loved the petitioner No.1 and they wanted to marry each other.

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Page 1 of 3

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CRL.M.C. 1826/2025

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2025 at 12:29:07

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On attaining majority, respondent No.2 got married to petitioner No.1. The marriage was duly registered on 30.11.2022 and presently she is residing with her husband i.e. Petitioner No.1.

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It is pertinent to mention here that one child is also born out of their wedlock i.e. on 28.08.2023. The genuineness of compromise is not disputed by the learned APP for the State. 5. In the aforesaid backdrop, I have heard the contentions and perused the case file.

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On a Court query to respondent no. 2 (complainant), she candidly stated that she has resolved all her differences with the petitioner No.1 (now her husband). The couple and a minor child are presently residing together peacefully. She further stated that she has entered into the settlement of her own volition, without any pressure, coercion, or undue influence.

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Having interacted with the complainant and given that what seems to be an entirely a family matter not involving either in public interest or any societal interest, it would be an exercise in futility to continue with the further criminal proceedings as the same would be nothing but abuse of the process of law apart from the heavy burden on the judicial system as well as wasteful expenditure of the public by the prosecution.

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Since the trial Court was not empowered to compound certain offences, the criminal proceedings could not be dropped. In the premise, in the larger interest of justice, invoking inherent powers vested with this Court under Section 528 of BNSS, 2023, 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].

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Taking a wholesome view, this is a fit case to exercise inherent power

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Page 2 of 3

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CRL.M.C. 1826/2025

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under 528 of BNSS in quashing the FIR in question.

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Accordingly, the petition is allowed and the FIR No.554/2022 dated 06.07.2022 registered at Police Station Wazirabad, for the offences punishable under Section 363 IPC along with all consequential proceedings arising therefrom are hereby quashed. 11. The petition stands disposed of.

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ARUN MONGA, J

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SEPTEMBER 3, 2025 dy

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Page 3 of 3

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CRL.M.C. 1826/2025

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2025 at 12:29:07

Vikas and Others v. State Govt of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Vikas and Others v. State Govt of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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