CIVIL APPEAL 6703/2025
Parties
- > picture [72 x 72] intentionally omitted <== (PETITIONER)
- STATE NCT OF DELHI AND ANR (RESPONDENT)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 6703/2025 SHRI HARBHAJAN SINGH AND ORS
.....Petitioners
Through: Dr. Alok, Ms. Smriti Walia, Advs.
versus
STATE NCT OF DELHI AND ANR
.....Respondents
Through: Mr. Digam Singh Dagar, APP for the State
Mr. Sourabh Malhotra and Mr. Prem Prakash, Advs. for R-2 with R-2/Complainant is appearing through VC Prakash, Advs. for R-2 with R-2/Complainant is appearing through VC
CORAM:HON'BLE MR. JUSTICE ARUN MONGA
O R R19.09.2025
1.Petitioners herein seek quashing of an FIR No.103/2023 dated 10.02.2023 for the alleged offences punishable under Sections 498A/406/34 IPC, registered at Police Station Rajouri Garden, along with any consequential proceedings arising therefrom, on the basis of compromise between the parties.
2.The dispute arose from matrimonial discord stemming from harassment over dowry demands by the petitioners. Respondent no.2 and her husband, who is not named in the present petition, got married on 09.08.2014 according to Hindu rites, and two children are born from the
wedlock.
3.Petitioners are the father-in-law (Petitioner no.1), mother-in-law (petitioner no.2), brother-in-law (petitioner no. 3), and sisters-in-law (petitioner nos. 4 and 5) of respondent no.2.
4.Learned counsel for the petitioners submits that the parties have now amicably settled the matter vide Settlement Agreement dated 28.05.2025, duly signed by both parties before the Delhi High Court Mediation and Conciliation Centre, appended as Annexure P-3. He further submits that the affidavit to the effect of no objection to the quashing, duly deposed by respondent no.2, has also been placed on record.
4.1He further submits that respondent no. 2 and her husband have been living together and leading harmonious matrimonial life. In view of the amicable settlement of disputes and differences arising from family acrimony, he submits that the continuation of proceedings would thus serve no useful purpose.
5.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.
6.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.
7.The parties are present in Court and they have been identified by the learned counsel for the petitioners. Upon query put to respondent no. 2, she candidly submits that she has amicably resolved her differences with the petitioners and has entered into the settlement agreement out of her own free will, without any pressure, coercion, or undue influence. She further submits
that pursuant of the settlement, she and her husband are living blissful matrimonial life and thus, she does not wish to continue with the proceedings against the petitioners as no grievance remains unresolved.
8.Having heard, it appears that the dispute was 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 compromise has been reached, continuing with the criminal proceedings would thus be an exercise in futility, amounting to an abuse of the legal process.
9.The genuineness of the compromise in not in dispute. However, since the Trial Court was not empowered to compound certain offences, the criminal proceedings could not be dropped. Given that the dispute arising from familial acrimony has been amicably resolved, continuing with the criminal proceedings would serve no useful purpose and undermine the very purpose of the settlement and would also unnecessarily burden judicial resources.
10.In the premise, this is fit case for invoking inherent powers vested with this Court under Section 528 of BNSS, 2023 and it is deemed expedient to quash the FIR in question. Reference in this context may be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303].
9. Consequently, the instant petition is allowed. The criminal proceedings arising out of FIR No.103/2023 dated 10.02.2023 for the alleged offences punishable under Sections 498A/406/34 IPC, registered at Police Station Rajouri Garden, along with all consequential proceedings arising therefrom, are hereby quashed.
10. All pending application(s), if any, shall also stand disposed of.
SEPTEMBER 19, 2025/acm
ARUN MONGA, J