Allowed

Tushar Chawla & Ors. v. the State of NCT of Delhi and Anr.

Delhi HC7 Aug 2025CRL.M.C./5358/2025

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from matrimonial discord. The court held that a valid compromise had been reached, evidenced by a mutual consent divorce decree, and continued proceedings would be an abuse of process.

What did the court decide?

FIR No. 0517/2021 dated 23.06.2021 under Sections 498A, 406 and 34 IPC and all arising criminal proceedings are quashed.

Tushar Chawla & Ors. Vs the State of NCT of Delhi and… — Matrimonial and Divorce | Delhi HC (2025)

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$~75

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5358/2025

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TUSHAR CHAWLA & ORS. .....Petitioners

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Through: Mr. Ritesh Oberoi, Advocate

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versus

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THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP for State

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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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% 07.08.2025

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Petitioners herein seek quashing of an FIR No. 0517/2021 dated 23.06.2021 under Sections 498A, 406 and 34 IPC, registered at P.S. Rajouri Garden, Delhi, along with all the proceedings arising therefrom, on the basis of the compromise arrived between the parties.

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Dispute between the parties arose from the matrimonial discord between Petitioner no.1 (Husband) and Respondent no.2 (Wife) stated to be caused by temperamental differences between them. The couple got married on 09.12.2020 according to Hindu rites, however, they are living separately since 08.02.2021. Subsequently, on the basis of the complaint of Respondent no.2, the aforesaid FIR was registered against all the petitioners.

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2.1 Petitioner No.2 is the Father of Petitioner No.1, while Petitioner No.3 is the Mother of Petitioner No.1

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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 now amicably resolved all their disputes by way of settlement for a sum

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CRL.M.C. 5358/2025 Page 1 of 3

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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 12:28:33

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of Rs. 7,00,000/- vide Memorandum of Understanding (MoU) dated 10.01.2025.

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Learned Counsel for the petitioners further submits that per the terms of the MoU, Petitioner No.1 has already paid Rs.5,00,000 to Respondent No. 2 at the time proceedings under Sections 13(b)(i) & 13(b)(ii) of the Hindu Marriage Act, 1955 and the balance amount Rs.2,00,000/- was given to the Respondent No.2 by the Petitioner No.1 at the time of giving NOC/ statement of quashing of the FIR bearing No. 0517/2021.

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Parties are present in the Court, and have been identified by their counsel and the concerned Investigating Officer. On a query posed by the Court, the parties submit that they have amicably settled the dispute and accepted the terms thereof out of their own volition and without any duress, pressure or coercion from any quarter, and pursuant thereto, have obtained a divorce decree dated 15.04.2025 by mutual consent from the competent Family Court.

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Both the counsel for Respondent No. 2 and the learned Public Prosecutor concur with the factum of the compromise arrived between the parties and convey their no objection to the quashing of the FIR.

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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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Given that the dispute has been resolved, continuing with criminal proceedings may serve no useful purpose. It would be a drain on judicial resources and abuse of the process of law, especially when dispute does not involve any public interest or interest of the society at large.

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CRL.M.C. 5358/2025 Page 2 of 3

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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 12:28:33

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Continuation of the proceedings, on the other hand, may result in hostility between the parties and defeat the very purpose of the settlement.

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Quashing the FIR would rather facilitate the parties in maintaining or restoring cordiality. Therefore, the proceedings deserve to be quashed in the exercise of the inherent powers of the Court. Reference may be had to the judgement rendered in Gian Singh v. State of Punjab & Anr . [(2012) 10 SCC 303] in this context.

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Accordingly, exercising the inherent powers vested in this Court under Section 528 of BNSS, it is therefore deemed appropriate to quash the FIR arising from this matrimonial dispute.

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Consequently, the instant petition is allowed. FIR No. 0517/2021 dated 23.06.2021 under Sections 498A, 406 and 34 IPC, registered at P.S. Rajouri Garden, Delhi and the criminal proceedings arising there from are hereby quashed.

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

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ARUN MONGA, J

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AUGUST 7, 2025/SV

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CRL.M.C. 5358/2025 Page 3 of 3

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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 12:28:33

Tushar Chawla & Ors. v. the State of NCT of Delhi and Anr.

Case brief

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Tushar Chawla & Ors. v. the State of NCT of Delhi and Anr.

Case brief

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