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Govind Sethi and Ors. v. State (Gnct of Delhi) and Anr.

Delhi HC8 Aug 2025CRL.M.C./5385/2025

Case brief

AI extract

What is this about?

Delhi HC, CRL.M.C. 5385/2025, Arun Monga J., 08.08.2025: quashing of FIR 295/2022 (02.05.2022) u/Ss 498A, 406, 34 IPC, PS Shahdara, after matrimonial settlement (Deed 17.12.2024), complainant's no-objection affidavit and in-person confirmation of voluntary, fully complied settlement; divorce decree 30.07.2025, minor child with mother; inherent powers u/S 528 BNSS 2023 invoked; Gian Singh (2012) 10 SCC 303 relied upon; abuse/misuse of process rationale.

What did the court decide?

Quashing of FIR No. 295/2022 dated 02.05.2022 lodged under Sections 498A, 406, 34 IPC, registered at P.S. Shahdara, and of all other proceedings arising therefrom, in exercise of inherent powers under Section 528 of BNSS, 2023; all pending applications disposed of. ¶9

Govind Sethi and Ors. Vs State (Gnct of Delhi) and Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 295/2022 dated 02.05.2022, lodged under Sections 498A, 406, 34 IPC at P.S. Shahdara, together with all consequential proceedings arising therefrom, should be quashed on the basis of the settlement arrived at between the parties. +1 more

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Court's answer

In the larger interest of justice, invoking the inherent powers vested in the Court under Section 528 of BNSS, 2023, FIR No. 295/2022 dated 02.05.2022 lodged under Sections 498A, 406, 34 IPC, registered at P.S. Shahdara, and all other proceedings arising therefrom were quashed; all pending applications stand disposed of.

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Ratio / Principle

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.

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Key takeaways

The dispute does not involve any public interest or the interest of society at large, and continuation of the proceedings may instead result in hostility between the parties and defeat the very purpose of the settlement.ratio¶7
The trial would serve no fruitful purpose and would be an exercise in futility; non-quashing would amount to misuse of the judicial process and defeat the object of the settlement, so the further proceedings deserve to be quashed in exercise of the Court's inherent powers, with reference made to Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303.ratio¶8

Detailed headnote1 paragraphs

High Court of Delhi (Arun Monga, J.), order dated 08.08.2025 in CRL.M.C. 5385/2025 (with CRL.M.A. 23189/2025): FIR No. 295/2022 dated 02.05.2022, lodged under Sections 498A, 406 and 34 IPC at P.S. Shahdara, and all consequential proceedings quashed under Section 528 of BNSS, 2023. Petitioners Govind Sethi and others (husband, his brother and his mother) had amicably settled the matrimonial dispute with respondent No. 2 (wife/complainant) vide Settlement Deed dated 17.12.2024; she filed a no-objection affidavit, appeared in person, confirmed the settlement was entered voluntarily and complied with to her satisfaction; the marriage stood dissolved by Family Court decree dated 30.07.2025, with the minor child remaining in the mother's custody. Reliance placed on Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303. Held: with the complainant unwilling to press charges, no incriminating material, and no public interest involved, continued prosecution would be an abuse/misuse of the judicial process and defeat the purpose of the settlement.

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5385/2025 and CRL.M.A. 23189/2025

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GOVIND SETHI AND ORS. .....Petitioners

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Through: Mr. Shubham Jain, Advocate with petitioners in person.

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versus

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STATE (GNCT OF DELHI) AND ANR .....Respondents

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Through: Mr. Digam Singh Dagar, APP for the State with SI Parvesh, East District Line and SI Sumit, PS – Jagat Puri. Respondent no. 2 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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% 08.08.2025

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Petitioners herein seek quashing of FIR No. 295/2022 dated 02.05.2022 lodged under Sections 498A, 406, 34 IPC, registered at P.S. Shahdara based on compromise arrived between the parties vide Settlement Deed dated 17.12.2024 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 29.04.2017 according to Hindu rites and one child is also born out of the wedlock. Due to irreconcilable differences, the parties started living separately from 13.07.2022.

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Page 1 of 3

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CRL.M.C. 5385/2025

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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 12:28:33

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2.1 Petitioner No. 2 is the brother and Petitioner No. 3 is mother 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 17.12.2024 which is placed on record (Annexure–P-2). 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 and I have interacted with the complainant/ wife and she has no objection. Pursuant to the settlement, she points out that marriage also stands dissolved vide a decree dated 30.07.2025 passed by competent Family Court. Minor child shall remain in custody of the mother as mutually agreed. As regards the other part of the compliance of the settlement, she states that the same has been complied with by her exhusband to her full and final satisfaction.

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On a query put to the complainant/ wife, 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.

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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

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Page 2 of 3

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CRL.M.C. 5385/2025

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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 12:28:33

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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 not only amount to misuse of the judicial process, but also defeat the very object of settlement. 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.295/2022 dated 02.05.2022 lodged under Sections 498A, 406, 34 IPC, registered at P.S. Shahdara and all other proceedings arising there from are 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 8, 2025 kd

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Page 3 of 3

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CRL.M.C. 5385/2025

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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 12:28:33

Govind Sethi and Ors. v. State (Gnct of Delhi) and Anr.

Case brief

What is this about?

What did the court decide?

Govind Sethi and Ors. v. State (Gnct of Delhi) and Anr.

Case brief

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