Sagar Kant & Anr. Vs the State of NCT of Delhi and Anr.

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5474/2025

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SAGAR KANT & ANR. .....Petitioner

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Through: Mr. Rahul Bharat and Mr. Vedwrat, Advocates with petitioners in person.

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versus

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THE STATE OF NCT OF DELHI AND ANR .....Respondents

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Through: Mr. Manoj Pant, APP for the State with SI Mohit, PS - Bawana. Mr. Deepak Bhardwaj, Advocate for respondent no. 2 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 % 11.08.2025

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Petitioners herein seek quashing of an FIR No. 939/2023 dated 17.12.2023 lodged under Sections 498A, 406, 34 IPC, registered at Police Station Bawana and the consequential proceedings arising therefrom based on compromise between the parties vide Settlement Deed dated 22.12.2023.

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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 08.12.2019 according to Hindu rites and no child was born out of the wedlock. Due to irreconcilable differences, the parties started living separately from 27.02.2023.

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

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Page 1 of 3

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CRL.M.C. 5474/2025

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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 08/09/2025 at 11:56:25

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2.2 Petitioner No. 1 and Respondent No. 2 dissolved their marriage vide a decree for divorce by mutual consent dated 21.02.2025 passed by competent Family Court.

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Learned counsel for the petitioners submits that the parties have amicably settled their dispute vide Settlement Deed dated 22.12.2023 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. 5. On a query put to the complainant/ wife, she candidly states that she has no objection to the quashing for the FIR. She submits that she has arrived at a settlement on her own violation without any duress and coercion. Pursuant to the same, she does not wish to pursue further proceedings and she withdraws all the charges and the allegations leveled against petitioner no. 1 (husband) and petitioner no. 2 (father-in-law). She also points out that marriage also stands dissolved vide a decree dated 21.02.2025 passed by competent Family Court. As regards to the compliance of the settlement, she states that the same has been 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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Learned APP for the State, upon instructions from the Investigating Officer, submits that since the parties have amicably resolved their disputes

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Page 2 of 3

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CRL.M.C. 5474/2025

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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 08/09/2025 at 11:56:25

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and Respondent No. 2 has no objection, the State does not oppose the petition.

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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 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. 939/2023 dated 17.12.2023 lodged under Sections 498A, 406, 34 IPC, registered at Police Station Bawana 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 11, 2025/ kd

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Page 3 of 3

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CRL.M.C. 5474/2025

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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 08/09/2025 at 11:56:25

Sagar Kant & Anr. v. the State of NCT of Delhi and Anr.

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Sagar Kant & Anr. v. the State of NCT of Delhi and Anr.

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