Allowed

Vinisha & Ors. v. State Ofg Ovt of NCT Delhi & Anr.

Delhi HC12 Mar 2025CRL.M.C./220/2025

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS sought quashing of an FIR arising from a matrimonial dispute after a mediation settlement. The parties had settled and agreed to withdraw cases against each other; the court quashed the FIR and proceedings as continuation would be futile.

What did the court decide?

FIR No. 333/2022 dated 16.04.2022, PS Jyoti Nagar, under Sections 323/341/427/506/34 IPC and proceedings emanating therefrom quashed.

Vinisha & Ors. Vs State Ofg Ovt of NCT Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2025)

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 220/2025, CRL.M.A. 1195/2025, CRL.M.A. 1196/2025 & CRL.M.A. 3882/2025

VINISHA & ORS.

.....Petitioners

Through: None

versus

STATE OFG OVT OF NCT DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for the State SI Pankaj Kumar, PS Jyoti Nagar SI Rakesh, PS Kanjhawala Mr. Mukesh Hooda and Mr. Prashant Hooda, Advocate for R-2 with R-2 in person

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CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R

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% 12.03.2025

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CRL.M.A. 1196/2025 (for exemption)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 220/2025

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The Petition has been filed on behalf of the Petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) [corresponding to Section 482 of the Code of Criminal Procedure, 1973 (‘Cr. P.C.’)] seeking quashing of FIR No. 333/2022 dated 16.04.2022 registered at Police Station (‘P.S.’) Jyoti Nagar, Delhi for offences under Sections 323/341/427/506/34 of the Indian Penal Code, 1860 (‘IPC’) on the basis of

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CRL.M.C. 220/2025 Page 1 of 4

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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 17/03/2025 at 11:40:37

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mediation settlement agreement dated 12.12.2023 which is on record of this Court.

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None appears on behalf of the Petitioner.

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Learned counsel for Respondent No. 2 states that the Respondent No. 2 is present in Court. He further states that Petitioner Nos. 1, 2 and 4 have duly appeared before the Joint Registrar (J) and recorded their statements. Similarly, Respondent No. 2 also appeared before the Joint Registrar (J) on 20.02.2025 and recorded his statement.

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He states that Petitioner No. 1 and Respondent No. 2 are the husband and wife and that the parties have entered into a settlement before the Delhi Mediation Centre, Rohini District Courts, Delhi. The agreement has been filed with the learned Joint Registrar (J).

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He states that as per the settlement, the parties have agreed to withdraw all cases against each other. He further states that the Petitioner No. 1 had filed a FIR No. 116/2018 under Sections 498A/406/34 IPC, PS Kanjhawala against Respondent No. 2 which has already been quashed by the Co-ordinate Bench earlier today vide order passed in CRL. M.C. No. 195/2025.

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The Investigating Officer (‘IO’) is present in Court and has identified Respondent No. 2. He states that the chargesheet has already been filed in the present matter. He confirms that he has been apprised that the parties have amicably settled their matter.

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This Court has considered the submissions of the parties.

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In the light of the above noted judgment and the law laid down by the

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CRL.M.C. 220/2025 Page 2 of 4

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Supreme Court in Gian Singh vs. State of Punjab & Anr¹ .. as also in Narinder Singh & ors. Vs. State of Punjab & Anr² ., this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties arising out of their matrimonial relationship, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

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Keeping in view the nature of the dispute and the facts that the parties have amicably settled the dispute and the chances of conviction of the Petitioner being remote and bleak, this court, therefore, is of the view that there is no use of continuing with proceedings of the present FIR, as it would be misuse of the process of the Court and an unnecessary burden on the State exchequer. Further, this court is of the opinion that the present petition is a fit case to exercise discretionary jurisdiction under Section 528 of BNSS.

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Accordingly, the petition is allowed. Consequently, the FIR No. 333/2022 dated 16.04.2022 registered at Police Station (PS) Jyoti Nagar, Delhi for offences under Sections 323/341/427/506/34 of the Indian Penal Code, 1860 and proceedings emanating therefrom are quashed.

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