Quashed

Rohit Bhandari & Ors. v. State Govt. of NCT of Delhi and Anr.

Delhi HC5 Aug 2025CRL.M.C./5273/2025

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR and subsequent proceedings under Sections 498A, 406, 377 IPC arising from a matrimonial dispute. The petitioners obtained a divorce by mutual consent post-settlement, and the complainant consented to quashing, citing no opposition to end legal hostilities.

What did the court decide?

FIR No. 199/2021 dated 20.07.2021 and charge-sheet lodged under Sections 498A, 406, 377, 34 IPC and subsequent proceedings quashed.

Rohit Bhandari & Ors. Vs State Govt. of NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2025)

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$~68

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5273/2025 and CRL.M.A. 22768/2025 & CRL.M.A. 22780/2025

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.....Petitioners

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ROHIT BHANDARI & ORS. .....Petitioners Through: Mr. Rohan Gupta, Mr. Prakash Jha and Mr. Anurag D., Advocates with petitioners in person.

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versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State. SI Chandraveer, PS – Amar Colony. SI Mahesh Rawat, PS – Safdarjung Enclave.

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Mr. Kartavya Batra, Ms. Anshika Batra and Mr. Bramhanand Jha, Advocates for respondent no. 2 with respondent no. 2 in person.

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CORAM: HON'BLE MR. JUSTICE ARUN MONGA O R D E R

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% 05.08.2025

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Petitioners herein seek quashing of the FIR No. 199/2021 dated 20.07.2021 and along with the chargesheet lodged under Sections 498A, 406, 377, 34 IPC at P.S. Safdarjung based on the compromise between the parties as well as quashing of proceedings arising there from.

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The dispute between the parties arose from the matrimonial discord between the Petitioner no.1 (husband) and Respondent no.2 (wife) stated to be caused by temperamental differences between them. The couple got married on 03.12.2010 according to Hindu rites, Out of the wedlock, two

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Page 1 of 3

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CRL.M.C. 5273/2025

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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 12:29:32

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sons namely Yuvaan and Ahaan are born. However, due to matrimonial discord, Respondent No. 2 lodged the aforementioned FIR.

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Learned Counsel for the petitioners submits that the parties out of their own volition and without any coercion or undue influence, have amicably settled their dispute vide Settlement Agreement dated 20.12.2024 executed before the Mediation Centre, Saket Court , Delhi. Pursuant thereto, the Family Court, Saket, vide order dated 26.03.2025 has granted decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.

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Learned counsel further submits that all terms of settlement have been duly complied with, stridhan articles have been returned, and Respondent No. 2 has received the agreed permanent alimony. Respondent No. 2 has also filed an affidavit and No Objection Certificate (NOC) expressing her consent to quashing of the FIR.

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Learned APP for the State and Respondent No. 2 submit that since the parties have amicably resolved their disputes they do not oppose the petition.

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Petitioner No. 1 is the ex-husband of the Respondent No. 2, Petitioner No. 2 and 3 are the parents of the Petitioner No.1, while Petitioner No. 4 and 5 are his sisters.

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Complainant is present in person before the Court. On a Court query, she candidly submits that she is fully conscious of her rights. In view of the settlement arrived between the parties, pursuant to which they have already obtained a divorce by way of mutual consent from the competent Family Court, she does not wish to press any charges against her ex-husband, as

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Page 2 of 3

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CRL.M.C. 5273/2025

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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 12:29:32

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well as, the other petitioners who are stated to be family members of her ex-husband.

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Furthermore, she would submit that she has entered into the settlement of her own volition without any duress or coercion and as part of settlement, all the terms which were to be complied with by petitioner no. 1 (husband) has been taken care of through her full and final settlement.

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In view of the aforesaid, further continuation of the proceedings will be abuse of process of law and even otherwise, the same would be nothing but a hurdle in the bonhomie and the cordiality in the spirit of which the parties have arrived at the settlement.

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On the contrary, continuation of the same would rather impede into the peaceful living in future and also unnecessary resulting hostilities which have otherwise been now condoned voluntarily in course of the mediation proceedings by way of mutual settlement.

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Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS it is deemed expedient to quash the FIR in question arising out of matrimonial dispute between the parties. Reference in this context may also be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303].

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Accordingly, the FIR No. 199/2021 dated 20.07.2021 and along with the charge-sheet lodged under Sections 498A, 406, 377, 34 IPC at P.S. Safdarjung and the subsequent proceedings initiated pursuant thereto are hereby quashed.

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ARUN MONGA, J

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AUGUST 5, 2025/ kd

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Page 3 of 3

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CRL.M.C. 5273/2025

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Rohit Bhandari & Ors. v. State Govt. of NCT of Delhi and Anr.

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Rohit Bhandari & Ors. v. State Govt. of NCT of Delhi and Anr.

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