Allowed¶9

Abhishek Chamoli & Anr. v. State of NCT of Delhi & Anr.

Delhi HC12 Aug 2025CRL.M.C./3785/2025

Case brief

AI extract

What is this about?

Delhi HC (Arun Monga, J), CRL.M.C. 3785/2025, order dated 12.08.2025: FIR No. 349/2022 dated 13.09.2022 (ss.498A/504/506/34 IPC; ss.3&4 Dowry Prohibition Act 1961; P.S. Ramamurthy Nagar, Bangalore) and consequential proceedings quashed via s.528 BNSS 2023 inherent powers after 10.03.2025 settlement deed; wife-complainant gave free-will no-objection affidavit and in-person consent; divorce decree 10.07.2025; Gian Singh (2012) 10 SCC 303 relied on.

What did the court decide?

Petition allowed: FIR No. 349/2022 dated 13.09.2022 (P.S. Ramamurthy Nagar, Bangalore) and all consequential proceedings arising therefrom quashed under Section 528 BNSS, 2023; pending applications, if any, disposed of; earlier hearing date of 15.09.2025 cancelled. ¶9

Abhishek Chamoli & Anr. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 349/2022 dated 13.09.2022 (Sections 498A, 504, 506, 34 IPC; Sections 3 & 4 of Dowry Prohibition Act, 1961) and all consequential proceedings should be quashed in exercise of the Court's inherent powers on account of the settlement arrived at between the parties.

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Court's answer

Since the complainant/wife does not wish to press charges, there is no incriminating material against the petitioners, and the dispute (a purely private matrimonial matter involving no public or societal interest) stands settled by compromise, further proceedings before the Court would be an abuse of the process of law.

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Ratio / Principle

The trial would serve no fruitful purpose and would be an exercise in futility; non-quashing of the FIR would likewise defeat the very object of the settlement.

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Key takeaways

In the larger interest of justice, invoking inherent powers under Section 528 BNSS, 2023, FIR No. 349/2022 dated 13.09.2022 (Sections 498A, 504, 506, 34 IPC; Sections 3 & 4 Dowry Prohibition Act, 1961) and all other proceedings arising therefrom are quashed.ratio¶9

Detailed headnote1 paragraphs

Quashing of matrimonial-dispute FIR on compromise — Delhi High Court (Arun Monga, J), invoking inherent powers under Section 528 BNSS, 2023, quashed FIR No. 349/2022 dated 13.09.2022 (Sections 498A, 504, 506, 34 IPC; Sections 3 & 4 of Dowry Prohibition Act, 1961; P.S. Ramamurthy Nagar, Bangalore) and all consequential proceedings. Husband (Petitioner No.1) and wife-complainant (Respondent No.2) had settled their disputes vide Settlement Deed dated 10.03.2025; the complainant appeared in person, confirmed the settlement was entered out of free volition without duress or coercion, confirmed full compliance to her satisfaction, and declined to press charges; the marriage stood dissolved by Family Court decree dated 10.07.2025. Finding no incriminating material and no public or societal interest involved, the Court held continuance would be an abuse of process and futile, defeating the object of the settlement, relying on Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303. Pending applications disposed of; hearing fixed for 15.09.2025 cancelled.

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$~87

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 3785/2025

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ABHISHEK CHAMOLI & ANR.

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.....Petitioners

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Through: Mr. Rajiv Kr. Virmani, Mr. Shubham Pandey, Ms. Surbhi Rashmi, Ms.Jayeeta Deb Sarkar and Mr. Raman Sharma, Advocates with petitioners in person.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Krishna, PS – Dwarka, Sector – 23. Mr. Prabhash, Advocate for respondent no. 2 along with respondent no. 2 in person.

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CORAM: HON'BLE MR. JUSTICE ARUN MONGA

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O R D E R % 12.08.2025

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CRL.M.A. 23684/2025

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The instant application has been filed on behalf of the petitioners seeking early hearing of the petition.

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For the reasons stated in the application, the same is allowed. Main case is taken up on board today.

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The application stands disposed of.

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Page 1 of 4

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CRL.M.C. 3785/2025

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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 02/09/2025 at 12:29:35

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CRL.M.C. 3785/2025

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Petitioners herein seek quashing of FIR No. 349/2022 dated 13.09.2022 lodged under Sections 498A, 504, 506, 34 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, registered at P.S. Ramamurthy Nagar, Bangalore based on compromise arrived between the parties vide Settlement Deed dated 10.03.2025 and the consequential proceedings arising therefrom.

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Dispute between the parties arose from the matrimonial discord between Petitioner No.1 (husband) and complainant/Respondent no.2 (wife). The Petitioner No.1 and Respondent No. 2 were married on 06.12.2021 according to Hindu rites and one child was born out of the wedlock. Due to irreconcilable differences, the parties started living separately in 13.09.2022.

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2.1 Petitioner No. 2 is the father of the Petitioner No.1.

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Learned counsel for the petitioners submits that the parties have amicably settled their dispute vide Settlement Deed dated 10.03.2025 which is placed on record (Annexure–P-7). Learned counsel further submits that the affidavit to the effect of no objection to quashing deposed by respondent No.2/ complainant is also placed on record.

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Parties are present in Court. I have interacted with the complainant/ wife and she has no objection to quashing of the FIR. She candidly states that she has entered into the settlement out of her free volition, without any duress or coercion. She states that she does not wish to press any charges against the petitioners having amicably settled the dispute. Pursuant to the settlement, she points out that marriage also stands dissolved vide a decree dated 10.07.2025 passed by competent Family Court. As regards the compliance of the settlement, complainant states that the same has been

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Page 2 of 4

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CRL.M.C. 3785/2025

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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 02/09/2025 at 12:29:35

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complied with by her ex-husband to her full and final satisfaction.

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

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Since the complainant/ wife does not wish to press charges against the petitioners and there is no incriminating material against them coupled with the fact of compromise, further proceedings before the Court would be an abuse of the process of law. Especially, when the dispute does not involve any public interest or interest of the society at large. Continuation of proceedings may rather result in hostility between the parties and defeat the very purpose of settlement.

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The trial would thus serve no fruitful purpose and will be an exercise in futility. Whereas non-quashing of the FIR would also defeat the very object of settlement.

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Therefore, further proceedings deserve to be quashed in exercise of the inherent powers of the Court. Reference in this context may also be made to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303].

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Accordingly, in the larger interest of justice, invoking inherent powers vested with this Court under Section 528 of BNSS, 2023, the FIR No. 349/2022 dated 13.09.2022 lodged under Sections 498A, 504, 506, 34 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, registered at Police Station Ramamurthy Nagar, Bangalore and all other proceedings arising there from are quashed.

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Page 3 of 4

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CRL.M.C. 3785/2025

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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 02/09/2025 at 12:29:35

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All pending application(s), if any, shall also stand disposed of.

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The earlier date fixed in the matter, i.e. 15.09.2025 shall stand cancelled.

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ARUN MONGA, J

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AUGUST 12, 2025 kd/rs

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Page 4 of 4

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CRL.M.C. 3785/2025

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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 02/09/2025 at 12:29:35

Abhishek Chamoli & Anr. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Abhishek Chamoli & Anr. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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