Disposed

Sandeep Kumar & Ors. v. the State of NCT of Delhi and Anr.

Delhi HC16 Sept 2025CRL.M.C./6596/2025

Case brief

AI extract

What is this about?

Husband and in-laws sought quashing of a dowry/cruelty FIR after amicable settlement with the complainant wife. She confirmed voluntary settlement and withdrawal of charges. The Court invoked inherent powers to quash the FIR and consequential proceedings, preserving children's inheritance rights.

What did the court decide?

FIR No. 184/2025 (P.S. Janak Puri) and all consequential proceedings quashed; pending applications disposed of; children's inheritance rights unaffected.

Sandeep Kumar & Ors. Vs the State of NCT of Delhi and… — 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. 6596/2025

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SANDEEP KUMAR & ORS. .....Petitioners Through: Mr. Vivek Katarai and Ms Ruhi Saksena, Advs.

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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 the State with WSI Priyanka, P.S. Janakpuri. R-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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% 16.09.2025

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Petitioners herein seek quashing of an FIR No. 184/2025 dated 12.05.2025 for the offences under Sections 498A/406/34 IPC, registered at P.S. Janak Puri, and all other consequential proceedings arising therefrom, on the basis of a compromise.

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Dispute arose from matrimonial discord between petitioner no.1 (husband) and complainant/respondent no.2 (wife). The couple got married on 09.02.2007 according to Hindu rites and two children are born from the wedlock, presently in the care and custody of respondent no.2 (mother). However, the parties started living separately from 13.10.2022.

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2.1 Petitioner no. 2 is the mother and petitioner no.3 is the father of petitioner no.1.

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Learned counsel for the petitioners submits that the parties have now amicably settled their dispute vide Memorandum of Understanding dated 18.08.2025, appended as Annexure–B.

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3.1 He further submits that pursuant to the settlement, petitioner no.1 and

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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 06/10/2025 at 12:14:58

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respondent no.2 have also filed divorce petition under Section 13(i)(ia) of the Hindu Marriage Act, 1955, pending before the competent Family Court.

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3.2 Learned counsel also submits that, keeping in view that the parties have amicably settled their disputes and differences arising from their matrimonial relationship, further continuation of proceedings would be a futile exercise.

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Learned counsel for respondent no.2 and APP for the State concur with the factum of compromise and submit that, in view of the settlement, the proceedings deserve to be quashed.

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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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Respondent no. 2 is present in the Court and, upon interaction, candidly states that she has entered into the settlement out of her free volition, without any duress or coercion. She submits that, pursuant to the settlement, she does not wish to press any charges against the petitioners and will withdraw all pending proceedings against them. She also states that petitioner no. 2 shall bear all maintenance, educational, medical, and other expenses of the children, as per mutual agreement.

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Having heard, the dispute appears to be a purely family matter with no involvement of public or societal interest. Since the complainant (wife) does not wish to press charges and there is no incriminating evidence against the petitioners, coupled with the fact that a compromise has been reached, continuing with the criminal proceedings would be an exercise in futility, amounting to an abuse of the legal process. Furthermore, it would place an unnecessary burden on the judicial system and lead to the wasteful

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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 06/10/2025 at 12:14:58

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expenditure of public resources by the prosecution.

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The trial would thus serve no fruitful purpose and further proceedings would rather result in hostility between the parties, defeating the very purpose of their settlement. In view thereof, the 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. 184/2025 dated 12.05.2025 for the offences under Sections 498A/406/34 IPC, registered at P.S. Janak Puri, and all other proceedings arising there from are quashed. However, I may like to make it clear that quashing of the FIR shall have no bearing on the inheritance rights of the minor children qua their father.

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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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SEPTEMBER 16, 2025 acm

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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 06/10/2025 at 12:14:58

Sandeep Kumar & Ors. v. the State of NCT of Delhi and Anr.

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Sandeep Kumar & Ors. v. the State of NCT of Delhi and Anr.

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